REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURTS
BACOLOD CITY
BRANCH 001

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- FOR: THEFT

Article 308 of the
Revised Penal Code

JUAN AGAPITO S. DELA CRUZ,

Accused.
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PRE-TRIAL BRIEF OF THE DEFENSE

DEFENDANT, by counsel and through this Honorable Court, respectfully

submits this Pre-Trial’s Brief dated 19 September 2018

I. SUMMARY OF ADMITTED FACTS, PROPOSED STIPULATION OF

FACTS AND DEFENSES

The defendant hereby admits the following facts:

1.1. The identity of the private complainant, Divine M. Santos, proprietor

of DMS General Merchandise Inc.;

1.2. The date and time of the commission of the offense;

Furthermore, the defendant respectfully proposes the following facts:

1.3. The defendant, diagnosed with Type 1 diabetes since he was 7 years
old, was shopping for grocery items at DMS Grocery Store on 15
August 2018;

1.4. The defendant, while shopping, suddenly suffered from

HYPOGLYCEMIA, a medical condition caused by very low level of
blood sugar;
 1.5. In order to counter the worsening symptoms of Hypoglycemia, the
defendant took and ate the candies and chocolates displayed at the
DMS Grocery Store;

1.6. Upon payment at the cashier, the Security Guard discovered several
chocolates from the pockets of the defendant.

The defendant, moreover, raises the following defenses:

1.7. The allegations were the results of the defendant’s primal instinct of
self-preservation;

1.8. The resultant occurrences were mere acts under Article 11 par. 4 of
the Revised Penal Code otherwise known as the “state of necessity”.

II. EVIDENCE FOR MARKINGS

2.1. The sworn affidavit of Purita Limpio.

Purpose: To attest that prior to the alleged commission of the offense, several
circumstances of name-swearing and attacking occurred against the person of
the defendant which accumulated over time.

2.2. The barangay conciliation proceedings’ certificate.

Purpose: To prove the defendant’s willingness and good faith in trying to

resolve the matter with the private complainant and Mr. and Mrs. Ocampo.

III. ISSUE

3.1. Whether or not the justifying circumstance of self-defense is

applicable;
3.2. Whether or not the defendant is justified in committing the crime
charged.

IV. WITNESSES

4.1. Purita Limpio to testify on the contents of her sworn affidavit and
strengthening the defendant’s claim that the alleged unjustified attack
was in fact, justified.
4.2. Junny Dip to testify the defendant’s presence thus proving the
defendant’s good faith and pure intention of settling the issue
amicably.

V. TRIAL DATES
Specifically all Fridays of the month, with the regular appearance of the
undersigned counsel before this Honorable Court.

RESPECTFULLY SUBMITTED.
Bacolod City, Philippines, March 2, 2015.

ATTY. FELIMON SY
Notary Public
Notary Public for Bacolod City, Negros Occidental
Until December 31, 2016
Office: 13F Kung Sin O Bldg., No. 69, Mabilog Rd., Bacolod City
Roll No. 57202 – 03/22/2016
IBP Lifetime Roll No. 100293; 01/05/15
PTR No.023456; 01/05/16
MCLE Compliance Cert. No. 097654; 01/05/16

Copy furnished:

ANGELINA DIOLY
Assistant City Prosecutor
Office of the City Prosecutor of Bacolod
Bacolod City

Received by: ___________

Date: ___________