BUHISAN, CABINGAS, and escabusa Law firm

CH215 Xavier University –College of Law, Cell No.

BCE (+63) 917 123 4567

Ave, Cagayan de Oro City
73 Corrales
Tel No.(088) 853 9800)

An exercise on the preparation of

Pre-Trial Brief

for

Legal Research

Prepared by:
Ella Mae R. Buhisan
Phil Cabingas
Giselle Jean N. Escabusa
I - Block B

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 Republic of the Philippines
REGIONAL TRIAL COURT
Fourth Judicial Region Branch
Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 003-919

Plaintiff,
FOR:
Violation of Anti Bouncing
Check Law under Batas
Pambansa Blg. 22
- versus -

HENRY CHAO,
Accused.
x-----------------------------------------------x

PRE-TRIAL BRIEF OF THE PROSECUTION

THE PEOPLE OF THE PHILIPPINES, through the undersigned

Prosecutor, before this Honorable Court, most respectfully submit this
Pre-Trial Brief:

SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF

FACTS

The following are the admitted facts:

1. The identity of the accused HENRY CHAO in the information and
that of the person arraigned is one and the same;
2. The identity of BEN QUE, the victim;
3. The Court’s territorial jurisdiction relative to the offense charged;
4. The loan amount of ₱50,000.00 with 5% monthly interest, payable
in five (5) equal monthly installments of ₱12,500.00;
5. The mode of payment of five (5) checks;
6. The date and place of the commission of the transaction on June 1,
2011 at the house of Ben Que in Mandaluyong City;

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7. The issuance by Henry Chao of five (5) NOW slips or Negotiable
Order of Withdrawal Slips against NOW Account No. 123456
maintained at Alloy Bank, Pasong Tamo Branch;
8. The genuineness and due execution of the documents.

EVIDENCE FOR MARKINGS

1. Affidavit of the BEN QUE

Purpose: to prove the commission of the crime by the accused

against the victim;

2. Five (5) Negotiable Order of Withdrawal Slips (NOW) stamped at

the back as dishonored

Purpose: to prove the issuance, signature, amount, and the date

and stamp of dishonor and other circumstances of the
commission of the crime;

3. Debit advices from BOD Bank

Purpose: to corroborate the testimony of Ben Que that the NOW

slips had been dishonored by the drawee, Alloy bank, for the
reason of “Account Closed”;

4. Demand letter sent through registered mail

Purpose: to prove the delivery of due notice of the dishonor of the

five (5) NOW slips to the drawer, Mr. Henry Chao, and the demand
to make good his promise of payment;

ISSUES

1. Whether or not the accused committed the crime charged;

2. Whether or not they were guilty thereof.

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 WITNESSES

1. BEN QUE to testify that the crime took place;

TRIAL DATES

Specifically all Fridays of the month, with the regular appearance

of the undersigned Prosecutor before this Honorable Court.

RESPECTFULLY SUBMITTED.
Cagayan de Oro City, Philippines, September 12, 2019.

OFFICE OF THE CITY PROSECUTOR OF

CAGAYAN DE ORO
Regatta Square, Pueblo de Oro
Upper Carmen, Cagayan de Oro City

By:

BUHISAN, CABINGAS, AND ESCABUSA

Prosecutor
Roll No. 56789 / 5-2-07
IBP. No. 012345 / 12-29-07
MCLE Exempt
PTR Exempt

Copy furnished:

ZOD LAW FIRM

Counsel for the Defense
College of Law
Xavier University
Cagayan de Oro City

Received by:___________
Date: ___________