PRE – TRIAL CONFERENCE

(Marking of Exhibits for Prosecution)

Court: Are we ready for marking of exhibits

Prosecution: Yes,Your Honor. We pray that the Information be mark as “Exhibit A”.
Court: Mark it.
Prosecution: We pray that the Investigation Data Form from the Office of the City
Prosecutor of Makati be mark as “Exhibit B”.
Court: Mark it.
Prosecution: We pray that the Letter Request from Makati City Police Station for Inquest
Proceeding be mark as “Exhibit C”.
Court: Mark it.
Prosecution: We pray that the Final Investigation Report from the Police Investigator dated
24 February 2018 be mark as “Exhibit D”.
Court: Mark it.
Prosecution: We pray that the Sinumpaang Salaysay of Mr. Glenn Bryan Hebulan y
Abonita, Admin Associate of MDC be mark as “Exhibit E”.
Court: Mark it.
Prosecution: We pray that the Sinumpaang Salaysay ng Pag-Aresto of Mr. Efren Catubal y
Clarabal, Security Guard of MDC be mark as “Exhibit F”.
Court: Mark it.
Prosecution: We pray that the Letter of Authority from MDC to prove that Mr. Glenn Bryan
Hebulan y Abonita was authorized by MDC be mark as “Exhibit G”.
Court: Mark it.
Prosecution: We pray that the Document evidencing the cost for THHN wire be mark as
“Exhibit H”.
Court: Mark it.
Prosecution: We pray that the Certificate of Medico-Legal from Makati Health Department
be mark as “Exhibit I”.
Court: Mark it.
Prosecution: We pray that the Pictures of Electric wire which is the object evidence be
mark as Object Evidence Picture “J” and “K”.
Court: Mark it.
Prosecution: That’s all, Your Honor.
Court: How about object evidence?
Prosecution: We would like to reserve our rights to present other witnesses and additional
documents/object evidence, your Honor.
Court: Any comment, defense counsels?
Defense: None, Your Honor but we would also like to reserve our rights to present
additional evidence during the trial.
Court: Okay, you may reserve your right to present evidence during the course of trial.
Show your documents to the defense. Does the Defense admit the genuineness and due
execution of the documents?
Court Interpreter: Counsel now approached defense counsel and handed the marked
documents to the latter.
Defense: Yes, Your Honor. We admit to the genuineness and due execution of exhibits A,
B, C, D, E, F, G, H, I, J, and K.

(Marking of Exhibits for Defense)

Defense: We pray that the Affidavit of Artemio Dela Cruz y Loanzon be mark as “Exhibit 1”.
Court: Mark it.
Defense: We pray that the Affidavit of Elizardo Bagani y Castro be mark as “Exhibit 2”.
Court: Mark it.
Defense: That’s all, your Honor.
Court: That’s it?
Defense: Yes, Your Honor.
Court: Show your documents to the Prosecution. Prosecution, do you admit the 1
genuineness and due execution of Exhibits 1 and 2 of the Defense?
Prosecution: Yes, Your Honor.

Theory of the Prosecution/Defense

Court: We now proceed with the stipulation of facts.

Stipulation of Facts from the Prosecution

Court: Prosecution’s proposal.
Prosecution: Do you admit to the identity of the accused?
Defense: Yes, we do. We admit.
Prosecution: Do you admit that the Honorable Court has Jurisdiction?
Defense: Yes, we admit to the jurisdiction of this Court.
Prosecution: Do you agree that the accused is working under MDC as a construction
worker?
Defense: Yes, we agree.
Prosecution: Do you admit that at about 3:18 p.m. of February 23, 2018, accused
unlawfully took the wires owned by MDC Corporation during his work?
Defense: We do not agree.
Prosecution: Do you agree that the wires were found inside the bag of the accused upon
check out from MDC’s premises?
Defense: Yes, we agree.

Stipulations of Facts from the Defense

Court: Any proposal for stipulation and admission?
Defense: Yes, your Honor. We propose that the wires found inside the bag of the accused
was placed by another person inside his bag without the knowledge and consent of the
accused.
Prosecution: We do not agree, your Honor.
Defense: No further issues, your Honor.
Court: Alright, for the trial dates?
Prosecution: Every Friday of 3pm, for the month of April, Your Honor.
Court: Okay, April 13, 20, 27 and May 4.
Steno: Your Honor, the next hearing is scheduled April 13, 2018 next week?
Court: Yes, presentation of evidence for the prosecution is April 13, 2018 next week at
3pm. Will that be all fiscal?
Prosecution: Yes, your Honor. Thank you.
Court: Defense?
Defense: That’s all, your Honor.