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Pre Trial Brief Estafa

1) The People of the Philippines filed criminal charges of two counts of estafa against Carmelito Montano for failing to deliver two townhouse units after receiving down payments totaling P625,000 from complainants Dr. Rosario Ballecer and Lourdes Baceller. 2) The complainants entered contracts with Montano's company Legarda Pine Home to purchase the townhouse units, with possession to be delivered after one year, but Montano failed to deliver the units or return the down payments. 3) The prosecution's pre-trial brief proposes to present testimonial evidence from the complainants and documentary evidence like the contracts and receipts to prove that Montano committed two counts

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2K views5 pages

Pre Trial Brief Estafa

1) The People of the Philippines filed criminal charges of two counts of estafa against Carmelito Montano for failing to deliver two townhouse units after receiving down payments totaling P625,000 from complainants Dr. Rosario Ballecer and Lourdes Baceller. 2) The complainants entered contracts with Montano's company Legarda Pine Home to purchase the townhouse units, with possession to be delivered after one year, but Montano failed to deliver the units or return the down payments. 3) The prosecution's pre-trial brief proposes to present testimonial evidence from the complainants and documentary evidence like the contracts and receipts to prove that Montano committed two counts

Uploaded by

Emmagine E Eyana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

National Capital Region


REGIONAL TRIAL COURT
Branch 61, Makati City

PEOPLE OF THE PHILIPPINES,


Complainant,

Criminal Cases Nos. 94-5330 to 31


G.R No. 141980
FOR: Two (2) counts of the crime
of Estafa

-versus-

CARMELITO A. MONTANO
Accused;

x------------------------------------------x

PRE-TRIAL BRIEF
(OF THE COMPLAINANTS)

Complainants, through the City Prosecutor, to this Honorable Court,


respectfully submits this Pre-trial Brief as follows:

A. STATEMENT OF FACTS AND CASE

1. That, on June 2, 1988, complainants entered into separate contracts


denominated as "Reservation of Offer to Purchase" with the petitioner
in his capacity as general manager of Legarda Pine Home involving two
(2) townhouse units valued at Seven Hundred Fifty Thousand Pesos
(P750,000.00) per unit.

2. That, under paragraph VII (A) of the contracts, the management of


Legarda Pine Home, represented by the petitioner, promised to deliver
possession of the two (2) townhouse units to the private complainants
after one year from October 1, 1988. Accordingly, Dra. Ballecer and her
mother paid the petitioner the sums of Three Hundred Seventy-Five
Thousand Pesos (P375,000.00) and Two Hundred Fifty Thousand Pesos
(P250,000.00) respectively, as down payment.

3. That, on September 4, 1988, a Contract to Sell was executed by and


between the Legarda Pine Home, represented by the petitioner, and
KRC Trading Corporation, represented by private complainant, Dra.
Rosario Ballecer, covering the same townhouse unit subject matter of
the Reservation of Offer to Purchase entered into by the parties. As in
the contract of June 2, 1988, the Contract to Sell also contains a
stipulation wherein petitioner promised to deliver possession of the
subject townhouse unit to the private complainant after one year from
October 1, 1988.

4. That, despite the lapse of one year from October 1, 1988, the petitioner
failed to deliver to the private complainants the two (2) townhouse
units. Petitioner also failed to return the money he received, as
downpayment, from the private complainants notwithstanding verbal
and written demands.

B. PROPOSED ISSUE/S TO BE RESOLVED

1. Whether or not the accused committed the crime of Estafa under the
Revised Penal Code.
2. Whether or not the accused is liable for two counts of Estafa.

C. TESTIMONIAL EVIDENCE

The prosecution intends to present the testimonial evidence of the


private complainants namely: Dra. Rosario Ballecer and Lourdes Baceller.

C. OBJECT EVIDENCE

Complainants request the marking as exhibits of the following


documents:

1. Complaint Affidavits, (Exhibit “A”)

2. Contracts for Reservation of Offer to Purchase, (Exhibit “B

and B-1”)

3. Contracts to Sell, (Annex “C and C-1”)

4. Receipts, (Annex “D” and “D-1”)

E. APPLICABLE LAWS AND JURISPRUDENCE


The Complainants grounds its claims on the provision of the Revised
Penal Code.

F. RESERVATION

Complainants respectfully reserve the right to present additional oral


and documentary evidence as may become necessary in the course of the
trial.

G. SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-

trial conference to dates most convenient to this Honorable Court and to all
the parties.

Respectfully submitted.
March 15, 1999, City of Makati.

RUBEN R. GADIANA
City Prosecutor

Copy Furnished:

Regional Trial Court


Branch 61
City of Makati

Ruben R. Gadiana
City Prosecutor
Roll of Attorney No. 9876
PTR No. 5678, March 16, 2015, Manila City
IBP No. 91011, March 15, 2015, Manila City
MCLE Compliance No. I-121314 – 10/21/16
5TH Floor, 420 Mellow Tower.
Ayala Avenue
Makati City

EXPLANATION
            Copies of the foregoing Brief were served to respondent’s counsel
through registered special mail considering the distance between the
address of respondent’s counsel and the undersigned counsel. Moreover,
the office of the undersigned has no personnel to effect personal service to
the respondent.

RUBEN R. GADIANA
City Prosecutor

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