Republic of the Philippines

7th Judicial Region

REGIONAL TRIAL COURT
BRANCH 47
Tagbilaran City, Bohol

THE PEOPLE OF THE PHILIPPINES

Plaintiff, Criminal Case No. 13199
-versus-
For:
ELVIRA ABELLA QUALIFIED THEFT
Accused.
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PRE-TRIAL BRIEF FOR THE ACCUSED

ACCUSED through herein undersigned counsel, in the above-entitled case, and to the
Honorable Court, most respectfully submits his Pre-Trial Brief, and state:

I. BRIEF STATEMENT OF THE ACCUSED

Accused vehemently deny the allegations in the information that on January

14th 2006, she, with intent to gain and grave abuse of confidence, did there and
then willfully and feloniously take, steal, and carry away two (2) pieces of
jewelry which are a gold necklace with pendant with an image of Queen
Elizabeth engraved on one side and the seal of the State of Canada on the other,
which has a total worth of P113,000.00.

That her defense is denial. She was asked by the complainant to pawn the
items in question since she worked for her during that time. She did not pawn
the items without the permission of the complainant.

II. POSSIBILITY OF AMICABLE SETTLEMENT

The accused is very open to a possibility of settlement.

III. STIPULATION/ADMISSION OF FACTS

None.

IV. PROPOSED STIPULATION OF FACTS

 Will the Prosecution admit that the pawn receipts were obtained from the
complainant herself and not the accused;

 Will the Prosecution admit there is no evidence to prove that she pawned the
items without the permission of the complainant;

V. THE ISSUES TO BE TRIED OR RESOLVED

 Whether or not Accused is guilty beyond reasonable doubt of the crimes above-
mentioned.
 VI. NUMBER AND NAMES OF WITNESS TO BE PRESENTED

1. Accused Elvira Abella

-To refute all the allegations in the complaint.

2. One or two reserved Uwitnesses

VII. DOCUMENTS OR EXHIBITS TO BE PRESENTED

Defendant reserves the right to present additional documentary or object evidence in

the course of the trial, if necessary.

VIII. APPLICABLE LAWS AND JURISPRUDENCE

1. Revised Penal Code

2. Applicable jurisprudence established by the Supreme Court

IX. AVAILABLE TRIAL DATES

Herein Accused will abide by the calendar of the Honorable Court.

Respectfully submitted.

City of Tagbilaran, September 1, 2022.

PUBLIC ATTORNEY’S OFFICE

Tagbilaran City District Office
Hall of Justice, New Capitol Site
Tagbilaran City

By:

MICHAEL JORDAN M. TUBAL

Public Attorney I
Roll No. 75791
IBP O.R. No. 190705 PTR No. 2467440-Bohol-01/11/2022
MCLE Compliance No. VII- 0010126- 02/15/2022

Cf: Personal delivery.

Pros. Dexter A. Bernales
PROVINCIAL PROSECUTION’S OFFICE
Tagbilaran City, Bohol