FIRST JUDICIAL REGION

REGIONAL TRIAL COURT

BRANCH 12, LAOAG CITY

PEOPLE OF THE PHILIPPINES.

Complainant,
-versusCRIMINAL CASE NO. 14974-14
For Qualifed Theft
WINNIE BAULAN MOLINA.
Accused,
x-----------------------------------------------------x

PRE-TRIAL BRIEF
THE PEOPLE OF THE PHILIPPINES, through the undersigned
Prosecutors, most respectfully submits this Pre-trial Brief and states the following:

A SUMMARY
OF
ADMITTED
STIPULATION OF FACTS

FACTS

AND

PROPOSED

1 Complainant is Noralyn Antonio Aguinado, 38 years old, is a

businesswoman and currently living at Brgy. Lumbad, Dingras Ilocos
Norte with her common law husband, Domingo Lagumbay, and her
two children.
2 Accused is Winnie Baulan Molina, 33 years old, single and a native
of Zone 7, Bangued, Abra but maintains a residence with her live-in
partner at Brgy. Saludares/Cali, Dingras, Ilocos Norte. She has two (2)
young children with her live-in partner.

3 Complainant and Accused personally know each other since the latter
is employed as house helper by the former.
4 That on on May 30 (Sunday), Noralyn and her common law husband
waited for the accused at their market stall however the latter did not
show up at the market.
5 That on the same day, Noralyns husband went home for breakfast
however, to his surprise, he saw Winnie already cleaning the house
and the kitchen. When Noralyn came home at lunch time, the husband
informed her about said matter.
6 That on June 1 (Tuesday), at around 7:00 AM. Before leaving,
Noralyn specifically instructed the accused to not go inside the house.
To make sure, Noralyn placed their pitbull in front of their front door
to prevent anyone, including the accused, to go inside the house.
7 That at around 8:00 AM of the same day, while at the public market,
one of their neighbours informed Noralyn he saw accused allegedly
carrying two (2) yellow pails near the national road, flagging down a
ride.
8 That private complainant and her husband went home immediately
but accused was nowhere to be found already.
9 That on August 5, 2010, Noralyn was informed that PNP Laoag had
apprehended the accused. She and her husband immediately went to
the Laoag Police Station and confronted the accused.
10 That the accused admitted to the alleged crime.
11 That the private complainant and accused acknowledges the presence
of a compromise agreement.

B ISSUES TO BE TRIED

1 Whether or not accused willfully and knowingly committed qualified

theft as defined by Art. 310 of the Revised Penal Code.
2 Whether or not there is presence of ill-motive in the side of the private
complainant in filing a case against accused.
3 Whether or not the compromise agreement between private
complainant and accused extinguishes the latters criminal liability
C APPLICABLE LAWS AND JURISPRUDENCE
1 Act No. 3815 known as the Revised Penal Code.
2 Revised Rules of Evidence.
3 Jurisprudence laid down by the Supreme Court on QUALIFIED
THEFT.
4 Civil Code provisions on Compromise Agreements.
Complainant respectfully reserves the right to cite applicable laws and
jurisprudence as the case progresses.

D DOCUMENTS TO BE PRESENTED
1 Affidavit of the Private Complainant-------------------------Exhibit A
2 Affidavit Of The Witness Reynaldo Aguinaldo------------Exhibit B
3 Affidavit of the Witness Salinteg Balibao------------------Exhibit C

4 Joint Affidavit Arrest----------------------------------------Exhibit D

E NAMES OF WITNESSES
1 Noralyn Antoni Aguinaldo To establish that accused committed qualified
theft at her residence at Brgy. Lumbad, Dingras Ilocos Norte
2 Reynaldo Aguinaldo To establish that said witness saw accused carrying
the stolen items of private complainant.
3 Salinteg Balibao To establish that said witness saw accused carrying the
stolen items of private complainant.

F AVAILABLE TRIAL DATES

Specifically all Wednesday and Fridays of the month, with the
regular appearance of the undersigned city prosecutors before this Honorable
Court.
RESPECTFULLY SUBMITTED. October 3, 2016, Laoag City, Philippines.

LAOAG CITY PROSECUTORSS OFFICE

Hall of Justice
Laoag City
By:
PROS. Juan Cruz
Asst. City Prosecutor
Roll of Attorneys No. 12345
IBP No. 147258/Laoag City/January 2, 2014
MCLE Exempt
PTR Exempt

And
PROS. Juan Cruz II
Asst. City Prosecutor
Roll of Attorneys No. 54321
IBP No. 976893/ Davao City/January 2, 2014
MCLE Exempt
PTR Exempt

Copy furnished:
Atty. ABC
Counsel for the Accused
P. Gomez, Laoag City

R.R. No. __________

Date: _____________