Republic of the Philippines 11th Judicial Region REGIONAL TRIAL COURT Branch 19 Digos City, Davao del Sur

REPUBLIC OF THE PHILIPPINES, Plaintiff, Versus -

CRIMINAL CASE NO. 325

- for THEFT

_____________________________, Accused,

PROSECUTIONS PRE-TRIAL BRIEF COME NOW, the undersigned prosecutors and unto the Honorable Court, respectfully submit their Pre-Trial Brief as follows: BRIEF STATEMENT OF THE PROSECUTIONS CAUSE OF ACTION The Prosecution will prove that the accused, _________________________ committed the crime of theft that transpired on or about 2 oclock in the morning of January 3, 2012 at Luna Extension, Digos City. That upon traversing said road, the bag containing an Apple MacBook Air laptop of the victim, Havan Doping, was unlawfully taken by a person later identified as ____________ who was riding a Honda XRM Motorcycle. DOCUMENTARY EXHIBITS TO BE PRESENTED 1. Exhibit A Sworn Statement of Havan Doping sometime on January 3, 2012. 2. Exhibit B - Sworn Statement of ______________ sometime on January 3, 2012 3. Exhibit C Sworn Statement of PO2 _______________ 4. Exhibit D Apple MacBook Air Laptop with serial number 123456789, recovered to the accused. WITNESSES AND THE ABSTRACT OF THEIR TESTIMONY

1. Havan Doping, his testimony will prove how ______________ committed the crime of Theft. He will testify as to the time, the place, and the manner the accused committed the crime of theft; 2. ________________, her testimony is cumulative and corroborative because she will testify as to the manner and the way the bag containing an Apple MacBook Air was unlawfully taken by the accused; 3. PO2 _________, he will testify as to the investigation he conducted surrounding the facts of the crime of Theft. ISSUE TO RESOLVED WHETHER OR NOT THE ACCUSED IS GULTY OF THE CRIME CHARGED WHICH IS THEFT. APPLICABLE LAW AND JURISPRUDENCE Article 308 of the Revised Penal Code provides that: Art. 308. Who are liable for theft. Theft is committed by any person who, with the intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latters consent. Theft is likewise committees by: 1. Any person who, having found lost propertu, shall fail to deliver the same to the local authorities or to its owner; 2. Any person who, after having maliciously dmaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and 3. Any person who shall enter an enclosed estate or afield where the trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products. VALENZUELA vs. PEOPLE OF THE PHILIPPINES

G.R. 160188, June 21, 1997 For the purpose of ascertaining whether theft is susceptible of commission in the frustrated stage, the question is again, when is the crime of theft produced? There would be all but certain unanimity in the position that theft is produced when there is deprivation of personal property due to its taking by one with intent to gain. Viewed from that perspective, it is immaterial to the product of felony that the offender, once having committed all the acts of execution for theft, is able or unable to freely dispose of the property stolen since the deprivation from the owner alone has already ensued from such acts of execution. AVAILABLE TRIAL DATES At the pre-trial, the undersigned prosecutors will arrange with the counsel for the accused, their common available trial dates for the hearings of the above-captioned case, as may be accommodated by the calendar of the Honorable Court.

REPECFULLY SUBMITTED. Digos City, Philippines. 04 February 2011

MELANIE N. BIONG Public Prosecutor

AL RHAZZER NULMASA Private Prosecutor IBP OR NO. 5869493 Issued at Digos City on 05.06.12 PTR: No. 00329384 issued at Digos City on 05.06.11 Roll of Attorney #850394

Copy Furnished: Atty. ________ Digos City, Davao del Sur