RE Rial Rief Of The Defense

Republic of the Philippines REGIONAL TRIAL COURT 6TH JUDICIAL REGION BRANCH 62, BAGO CITY

PEOPLE OF THE PHILIPPINES Complainant

CRIM CASE NO ______________ ______________ (NPS NO.

-versus-

-For-QUALIFIED THEFT-

ANGELIKA SANTOS Accused

x -----------------------------------------------------------------------------x PRE-TRIAL BRIEF OF THE DEFENSE

The Accused, represented by the undersigned counsel as her attorney-in-law, respectfully submits to this Honorable Court this Pre-Trial Brief, to wit:

I. PROPOSED STIPULATION OF FACTS

The defense proposes the following stipulation of facts:

1. That the accused, accused, Angelika Santos, is a resident of Bago Bago City where she can  be served summons summons and other other processes of this Honorable Honorable Court. 2. That the Accused, Angelika Santos, is employed as the t he Collecting Officer of the private complainant, Bago Lending Corporation.

3. That the private complainant claims that the accused with grave abused of confidence reposed upon the accused, with intent to gain and without the consent of the private complainant, did and willfully, unlawfully and feloniously, take, steal, and carry away the amount of One Million Nine Hundred Thirty Thousand Seven Hundred Sixty-Six Pesos and Thirty Seven Centavos (P 1,930,766.37). 4. That the accused denies the claim of the private complainant that with grave abused of confidence reposed upon her took the said amount with intent to gain. 5. That the accused did receive the payment of Bea Robles in the total amount of One Million Nine Hundred Thirty Thousand Seven Hundred Sixty-Six Pesos and Thirty Seven Centavos (P 1,930,766.37). 6. That the accused only deposited the payments received to her personal account for safekeeping since she heard news that the company’s account will be frozen by the bank due to some issues. 7. That her action was only moved by her concern for the company and was not done with intent to gain nor with abuse of confidence reposed upon her.

II. ISSUES TO BE TRIED AND R ESOLVED

The Defense proposes the following issues to be tried and resolved by this Honorable Court:

1. Whether or not the elements of the crime charged are all present in the case. 2. Whether or not the accused is guilty of the crime charged.

III. Applicable Laws and Jurisprudence

A. Revised Penal Code B. Jurisprudence laid down by the Supreme Court

The opposition respectfully reserves the right to cite applicable laws and  jurisprudence as the case progresses.

IV. EVIDENCES TO BE MARKED

The Opposition will present the following documents 1. Official Receipts issued by the accused to acknowledge payments made to her by different borrowers.

2. Bank Statements of the accused to show that the money of the company was left untouched. 3. Other documents as may be determined to be relevant to the case during the course of trial. V. WITNESSES TO BE PRESENTED

The Opposition will present the following witnesses: 1. Maria Elly Tan, secretary of Mr. Jowi Su who relayed the news that the company’s account was in danger of being frozen by the bank. 2. Other witnesses as may be determined to be relevant to the case during the course of trial.

VII. AVAILABLE DATES FOR TRIAL

The defense respectfully requests that the trial dates be agreed upon in open court at such dates and time convenient to the parties and the calendar of this Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that the foregoing Pre-Trial Brief be duly noted.

Bago City, April 3, 2014.

Counsel for the Defense