Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
Branch 46
Bacolod City

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM. CASE NO. 16-42840
-versus- FOR: ESTAFA
GINA MARIE A. MIAG-AO,
Accused.
x------------------------------------------x

PRE-TRIAL BRIEF

Private complainant Gonzaga Realty Development Corporation, by

counsel, most respectfully states that:

I. BRIEF STATEMENT OF FACTS AND THE CASE

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

2.1 The identity of the accused Gina Marie A. Miag-ao.

2.2 The jurisdiction of Honorable Court over the subject matter and
person of the accused.

2.3 GRDC is engaged in the business of real estate development, and is

the developer of Marville Subdivision located at Barangay Granada,
Bacolod City.

2.4 Accused MIAG-AO was hired by GRDC as Documentation and

Processing Clerk on February 1, 2015.

2.5 As Documentation and Processing Clerk, accused MIAG-AO was

entrusted with the task of processing various transactions related to the real
estate business of GRDC.

2.6 Accused MIAG-AO received the amount of P20,292.00 from GRDC

on September 4, 2015, covered by Check Voucher No. 32857 signed by her.
(Exhibit “C”)

2.7 Accused MIAG-AO was entrusted to pay the amount of P20,292.00 to

BACIWA as payment of installation fees for water connection of GRDC's
subdivision buyers.

2.8 Accused MIAG-AO received the additional amount of P13,200.00

from GRDC on September 4, 2015, covered by Check Voucher No. 32858
signed by her. (“Exhibit “D”)

2.9 Accused MIAG-AO was entrusted to pay the amount of P13,200.00 to

CENECO as payment of installation fees for electrical connection of
GRDC's subdivision buyers.

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”)

2.14 Accused MIAG-AO personally received from Ms. Marissa M. Sondon

the GRDC memorandum dated November 16, 2015 (Exhibit “F”) together
with the Partial Audit Results (Exhibit “G”) in the evening of November 17,
2015.

2.17 Accused MIAG-AO personally received the Notice of Dismissal dated

November 23, 2015. (Exhibit “H”)

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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

4.1 Documentary Exhibits

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

a. Ms. Marissa M. Sondon

b. Mr. Alexander J. Gonzaga
c. Mr. Herbert Jacinto
d. Ms. Cheryl May A. Serisola
e. Ms. Smaylen N. Segovia
f. Mr. Jerald Gozon

4.3 Private complainant reserves the right to present additional, rebuttal

and sur-rebuttal documentary and testimonial evidence in the course of the
trial, if necessary.

V. POSSIBILITY OF AMICABLE SETTLEMENT

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.

VI. AVAILABLE TRIAL DATES

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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.

MOST RESPECTFULLY SUBMITTED.

Bacolod City, November 15, 2018.

MICHELLE VARCA GONZAGA

Counsel for Private Complainant
2nd Flr. St. Therese Bldg.
Cor. Rizal-Locsin Sts. Bacolod City
Tel. No. (034)4340049
Roll No. 49584
MCLE V No. 0010987/10-8-2015
IBP No. 023990/1-10-2018/Bacolod City
PTR No. 7129677/January 5, 2018/Bacolod

COPY FURNISHED:

OFFICE OF THE CITY PROSECUTOR

Bacolod City

GINA MARIE A. MIAG-AO

Block 6, Lot 17, East Homes 3
Brgy. Estefania, Bacolod City