REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

12th Judicial Region
Branch 17
Makati, City

THE PEOPLE OF THE PHILIPPINES

Complainant,

- versus - Criminal Case No. 8972018

For: Qualified Theft under
Art. 310 of the Revised Penal
Code
JC Reyes
Accused,

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PRE-TRIAL BRIEF

THE PEOPLE OF THE PHILIPPINES, through the undersigned

Prosecutor, most respectfully submits this Pre-trial Brief and states the
following:

A. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS:

1. That the private complainant, Marie Santos, is of legal age,

single, Filipino, single, and a resident of 741 Poblacion Street,
Makati City, Philippines;

2. That the accused is JC Reyes, also of legal age, single, Filipino

and a resident of 851 Binakayan Street, Sucat, Parañaque City,
Philippines;

3. That the complainant and the accused personally know each

other with the undisputed fact that the former employed the
latter as an Accounting Officer and later as Accounting
Supervisor at MS Finance Inc.;
 4. That a misunderstanding occurred between private
complainant and accused on October 29, 2018;

5. That starting November 05, 2018, accused fails to report to

work;

6. That an amount of 15,000 pesos was found missing from the

petty cash box that was under the custody of the department
in which accused was a member and in fact a supervisor
thereof;

7. That accused never returned any calls from private

complainant or latter’s agent and had not given any
explanation on her absence and also the stealing incident;

8. That accused with intent to gain, abuse of confidence and as

an act of revenge, took the said sum of money;

9. That private complainant, as an aggrieved party, filed a

criminal case against accused to hold the latter guilty for the
crime of qualified theft and to indemnify her from all loss and
damages incurred by reason thereof.

B. ISSUES TO BE TRIED

1. Whether or not accused with intent to gain and abuse of

confidence took a sum of money amounting to 15,000 pesos
owned by private complainant.

2. Whether or not the testimony of the private complainant

corroborated by the testimony of the witness and
strengthened by the findings of the expert witness is sufficient
to convict the accused for the crime of qualified theft.

C. APPLICABLE LAWS AND JURISPRUDENCE

1. Act. No. 3815 known as the Revised Penal Code;

2. Republic Act No, 386 known as the Civil Code of the

Philippines;
3. Revised Rules of Evidence;
 4. Jurisprudence laid down by the Supreme Court on

QUALIFIED THEFT

Complainant respectfully reserves the right to cite applicable laws and

jurisprudence as the case progresses.

D. DOCUMENTS TO BE PRESENTED

1. Affidavit of Private Complainant ------------------------- Exhibit “A”

(This is a sworn statement of Marie Santos to prove the facts
surrounding the incident of theft that transpired in the evening of
October 31, 2018)

2. Affidavit of the HR Manager ---------------------------------Exhibit “B”

(This is a sworn statement of Loida Magtalas, MS Finance Inc. HR
Manager to prove the sudden absence of accused and the latter’s
refusal to communicate after making known to accused that an
amount of 15,000 pesos was found missing from the petty cash box.)

3. CCTV screencap footages ------------------------------------ Exhibit “C”

(These are the CCTV images showing the actuations and conduct of
accused on the day of the incident – October 31, 2018)

4. Affidavit of IT Manager – Ford Meneses ----------------- Exhibit “D”

(This is a sworn statement of Ford Meneses, MS Finance Inc. IT
Manager to prove that the accused was acting strange and was in a
rush when she left the office on the day of the incident.)

5. Email Letter to Explain addressed to Accused ------------ Exhibit “E”

(This is the email letter sent by the HR manager on behalf of MS
Finance Inc. demanding accused to provide explanation on her
sudden leave of absence and to make recollection on what could
have happened with the petty cash box before she left the office on
October 31, 2018)

E. NAMES OF WITNESSES

1. MARIE SANTOS – Private Complainant. She will detail to the court

what transpired on November 06, 2018 when she found out that an
amount of 15,000 missing from the petty cash box.

2. LOIDA MAGTALAS – HR Manager. Her testimony will provide

facts on how it was found out that a sum of money was taken from
 the cash box. She will also detail how accused reacted when she
informed her about the incident.

3. FORD MENESES – IT Manager. His testimony will provide

substantial information leading to accused as a guilty party by
providing comparative explanation on how accused usually leaves
office and how accused left when the alleged stealing incident
occurred.

4. ALBERTO MUNDO – Security Guard. He will provide information

based on his observation of the accused and the night of the
incident.

F. AVAILABLE TRIAL DATES

Specifically all Fridays of the month, with the regular appearance of

the undersigned city prosecutor before this Honorable Court.

RESPECTFULLY SUBMITTED, December 11, 2018, Makati City,

Philippines.

MAKATI CITY PROSECUTOR’S OFFICE

Hall of Justice
Makati City

By:

Pros. AJ Barrera
Asst. City Prosecutor
Roll of Attorneys No. 021789
IBP No. 121318 / City of Manila / May 17, 2011
MCLE Exempt
PTR Exempt

Copy furnished:

Atty. Erick Estrada

Private Counsel for the Accused
Estrada Law Office
185 Habay Bacoor Sucat Paranaque