This document is a pre-trial order from a regional trial court in the Philippines consolidating two cases of qualified theft against Crisanta Calongui. It lists the proposed evidence from the prosecution and defense, including documentary exhibits and witness testimony. It also details the stipulations of fact admitted and denied by both sides, as well as the statement of issues in the case and the initial trial dates that were later cancelled.
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Original Title
1 Republic of the Philippines REGIONAL TRIAL COURT 5 Th Judicial Region BRANCH 61
This document is a pre-trial order from a regional trial court in the Philippines consolidating two cases of qualified theft against Crisanta Calongui. It lists the proposed evidence from the prosecution and defense, including documentary exhibits and witness testimony. It also details the stipulations of fact admitted and denied by both sides, as well as the statement of issues in the case and the initial trial dates that were later cancelled.
This document is a pre-trial order from a regional trial court in the Philippines consolidating two cases of qualified theft against Crisanta Calongui. It lists the proposed evidence from the prosecution and defense, including documentary exhibits and witness testimony. It also details the stipulations of fact admitted and denied by both sides, as well as the statement of issues in the case and the initial trial dates that were later cancelled.
1 Republic of the Philippines REGIONAL TRIAL COURT 5 th Judicial Region BRANCH 61, NAGA CITY
rtc1nag061@judiciary.gov.ph, Tel. (054) 881-0440, Cel. 0967-705-6771 PEOPLE OF THE PHILIPPINES,
Complainant, -- versus -- CRIM. CASE No. 2022-0099 For: QUALIFIED THEFT CRISANTA CALONGUI y Badong, Accused. x - - - - - - - - - - - - - - - - - - - - - - - - x PEOPLE OF THE PHILIPPINES, Complainant, -- versus -- CRIM. CASE No. 2022-0100 For: QUALIFIED THEFT CRISANTA CALONGUI y Badong, Accused. x - - - - - - - - - - - - - - - - - - - - - - - - x P R E – T R I A L O R D E R This order consolidates the matters taken up at the pre-trial (PT) conference on 23 June 2022, which this Court overlooked issuing much earlier and for which it begs the indulgence of all concerned. This is without prejudice to a compromise settlement that this Court has continued to encourage both sides as a better alternative dispute resolution. PROSECUTION EVIDENCE Documentary Exhibits [For Case 0099] Exh. A – SLA Finance Corp O.R. No. 12580 dated 12-9-2020 issued for Racquel del Barrio in the amount of P5,000 as partial payment of loan (Record, p. 11) Exh. B (prov.) – page dated 12-9-20 in cash book of SLA Finance Corp. (Record, p. 12) [For Case 0100] Exh. C -- SLA Finance Corp O.R. No. 12595 dated 7-21-2021 issued for Melinda Botron in the amount of P200,000 as payment of mortgage (Record, p. 13) 2 Exh. D – page dated 7-21-2021 in cash book of SLA Finance Corp. (Record, p. 14) Exh. E (res.) – Deed of Sale with Right of Repurchase dated March 29, 2008 between Melinda Botron and Shirly L. Amesola involving Botron’s land covered by TCT No. 40303 Exh. F (res.) – Deed of Sale with Right of Repurchase dated July 30, 2009 between Belen Barnido and Shirly L. Amesola involving Barnido’s two parcels of land covered by TCTs No. 49601 & 49602 [For Both Cases] Exh. G (res.) – Judicial Affidavit of Shirly L. Amesola Exh. H (res.) – Judicial Affidavit of Rosana A. de Robles Exh. I (res.) – Judicial Affidavit of Rodel L. Amesola Witnesses 1. Shirly L. Amesola 2. Rosana A. de Robles 3. Rodel L. Amesola DEFENSE EVIDENCE Documentary Exhibits [For Case 0099] Exh. 1 -- same as Exh. B above [For Case 0100] Exh. 2 -- same as Exh. D above Exh. 2-A -- page dated 7-22-2021 in cash book of SLA Finance Corp. (Record, p. 26) Exh. 2-B -- page dated 7-23-2021 in cash book of SLA Finance Corp. (Record, p. 27) Exh. 3 (res.) -- Judicial Affidavit of Crisanta B. Calongui Exh. 4 (res.) – Judicial Affidavit of Belen Barnido Witnesses 3 1. Crisanta B. Calongui 2. Belen Barnido STIPULATIONS OF FACTS (ADMitted and DENied) Proposed by the Prosecution 1. jurisdiction of the court (ADM) 2. identity of the accused (ADM) 3. The accused was an employee of SLA Finance Corp from February 2015 to the last week of August 2021 when she resigned. (DEN) 4. The accused acted as a cashier during her employment. (ADM) 5. As cashier, she received payments from the loan borrowers of SLS Finance Corp. (ADM) 6. And she issues the corresponding O.R,’s of SLA Finance Corp for those payments received. (DEN) 7. On December 9, 2020, the accused issued O.R. No. 12580 (Exh. A) and she affixed her signature thereon. (DEN) 8. The signature in O.R. No. 12580 (Exh. A) is hers. (ADM as to the signature) 9. On July 21, 2021, the accused issued O.R. No. 12595 (Exh. C) and she affixed her signature thereon. (DEN) 10. The signature in O.R. No. 12595 (Exh. C) is hers. (ADM as to the signature) Proposed by the Defense 1. The SLA Finance Corp. had a previous business address at Cadlan, Pili, Camarines Sur. (ADM) 2. The SLA Finance Corp. has transferred office to Del Rosario, Naga City since June 2020. (ADM) 3. Since June 2020, the SLA Finance Corp. has still been issuing O.R.’s with the Cadlan address. (ADM) 4. The SLA Finance Corp. has an employee Emmalice Latumbo who was Acting Supervisor until 2021. (ADM as to employment, but DEN as to Acting Supervisor) 5. The SLA Finance Corp. Statement of Account indicates the position of Emmalice Latumbo as Acting Supervisor. (DEN) 6. The original cashbook for 2020-21 is in the possession of the SLA Finance Corp. (ADM) 7. Emmalice Latumbo was the immediate supervisor of the accused. (DEN) STATEMENT OF THE ISSUES Prosecution 4 1. Whether or not the accused is guilty as charged with Qualified Theft in the two cases. 2. Whether or not private complainant SLA Finace Corp. is entitled to damages Defense – adopts the above INITIAL TRIAL DATES (all in 2021 and at 10:30 a.m.) 1. September 29 2. October 25 3. November 22 4. December 13 IMPT NOTE: Per open court Order of 29 September 2022, SET for Additional Pre-Trial on November 29, 2022 at 3:00 p.m. under the next Judge (after retirement of the undersigned Judge). The above-listed initial trial dates are deemed CANCELLED with new dates to be determined under the next Judge at the said Additional Pre-Trial. 29 September 2022 (9/29/22), Naga City, Philippines. SOLIMAN M. SANTOS, JR. Judge CONFORME: SACP JULIETA C. NAMORO-BANES / ATTY MAREE LOUISE BIANCA R. BAJAMUNDE Public Prosecutor Defense Counsel ATTY. NICOLAS D. VILLANUEVA II CRISANTA B. CALONGUI Private Prosecutor Accused Cc: SACP Julieta C. Namoro Banes -- City Prosecution Office, Naga City Atty. Nicolas D. Villanueva II – Door 4, Amesola Apt., Capitol Drive, Cadlan, Pili, Camarines Sur Atty. Florante B. Nacor & Atty. Maree Louise Bianca R. Bajamunde -- Rooms 200 & 201, 2/F, BAL PER Sumayao Center, National Highway, Old San Roque, Pili, Camarines Sur Rodel L. Amesola Edgar – Amesola Spring Valley Hotel and Resort, Del Rosario, Naga City 5 Crisanta B. Calongui – Zone 4, San Juan, Pili, Camarines Sur
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides