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PRE-TRIAL BRIEF
1.1 This is a criminal case filed by private offended party against the
above-named accused for Estafa under Article 315, paragraph 1(b) of the
Revised Penal Code of the Philippines. Accused MIAG-AO was hired by
GRDC as Documentation and Processing Clerk on February 1, 2015. As part
of her duties as Documentation and Processing Clerk, on September 4, 2015,
accused MIAG-AO received the amount of P20,292.00 from GRDC, with
the specific directive to pay the said amount to BACIWA on behalf of
GRDC’s clients as installation fees for water connection. On the same date,
accused MIAG-AO received an additional amount of P13,200.00 from
GRDC, with the specific directive to pay the said amount to CENECO on
behalf of GRDC’s clients as fees for electrical connection. Instead of paying
the said the amounts to the designated payees, accused MIAG-AO
misappropriated the afore-mentioned amounts. Several demands were made
by private complainant GRDC upon the person of accused MIAG-AO, but
despite such demands, accused MIAG-AO persistently refuses and fails to
return or account for the amounts received in trust from GRDC, to the
damage and prejudice of GRDC. All the elements of Estafa under Article
315, paragraph 1(b) of the Revised Penal Code are evident from Accused
MIAG-AO’s actions, to wit: 1. That money, goods or other personal
properties are received by the offender in trust or on commission, or for
administration, or under any other obligation involving the duty to make
delivery of or to return, the same; 2. That there is a misappropriation or
conversion of such money or property by the offender or denial on his part
of such receipt; 3. That such misappropriation or conversion or denial is to
the prejudice of another; and 4. That there is a demand made by the offended
party on the offender.
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II. PROPOSED STIPULATION OF FACTS
2.2 The jurisdiction of Honorable Court over the subject matter and
person of the accused.
2.10 Several demands were made upon accused MIAG-AO to account for
and present receipts for the payment of the subject amounts.
2.11 Accused MIAG-AO received the Notice to Explain dated October 27,
2015 from GRDC. (Exhibit “E”)
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III. ISSUE
3.1 Whether or not accused MIAG-AO committed the alleged acts in such
manner and circumstances as to constitute the offense of Estafa under
Article 315, paragraph 1(b) of the Revised Penal Code.
IV. EVIDENCE
EXHIBIT
Complaint Affidavit of Ms. Marissa M. Sondon A
Secretary’s Certificate B
Check Voucher No. 32857 C
Check Voucher No. 32858 D
Notice to Explain dated October 27, 2015 E
Memorandum dated November 16, 2015 F
Partial Audit Results G
Notice of Dismissal dated November 23, 2015 H
Affidavit – Mr. Alexander J. Gonzaga I
Affidavit – Mr. Herbert Jacinto J
Affidavit – Mr. Cheryl May A. Serisola K
Affidavit – Mr. Smaylen N. Segovia L
4.2 Witnesses
5.1 Private offended party is willing to amicably settle the civil aspect of
the case provided such settlement is fair and reasonable under the
circumstances, and for such purpose, to submit the case to alternative dispute
resolution.
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6.1 Counsel for the private complainant proposes the following dates for
the trial of this case: January 17, 2019, February 13, 2019, March 14, 2019,
April 25, 2019, May 23, 2019, June 27, 2019, or on such dates as may be
convenient to the calendar of the Honorable Court and subject to the
availability of the other party.
COPY FURNISHED: