Scribd
Upload
71 views2 pages

Regional Trial Court: Summary of Admitted Facts and Proposed Stipulation of Facts

1. Berto Cruz is charged with violating Section 11, Article 2 of R.A. 9165 for possession of 3 grams of methamphetamine hydrochloride. 2. The defense argues that Cruz was illegally arrested and that the drugs were planted on him after a search found nothing. 3. Witnesses include the arresting officer, Cruz himself, his doctor to prove he's drug-free, and the store owner to corroborate that proper procedure was not followed. The defense requests trial dates of August 12th, 24th, and 30th.

Uploaded by

Harvey Leo Romano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
71 views2 pages

Regional Trial Court: Summary of Admitted Facts and Proposed Stipulation of Facts

1. Berto Cruz is charged with violating Section 11, Article 2 of R.A. 9165 for possession of 3 grams of methamphetamine hydrochloride. 2. The defense argues that Cruz was illegally arrested and that the drugs were planted on him after a search found nothing. 3. Witnesses include the arresting officer, Cruz himself, his doctor to prove he's drug-free, and the store owner to corroborate that proper procedure was not followed. The defense requests trial dates of August 12th, 24th, and 30th.

Uploaded by

Harvey Leo Romano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 2

Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch 1
City of Manila

PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM. CASE NO.2019-56932
FOR: Viol. Section 11, Article 2
R.A. 9165
- versus -

BERTO CRUZ,
Accused.
x-----------------------------------------------x

PRE-TRIAL BRIEF OF THE DEFENSE

BERTO CRUZ, through the undersigned Private Defendant, 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 one charged in the information and that of the person arraigned
is one and the same;
2. the date and place of the arrest.
EVIDENCE FOR MARKINGS
1. Affidavit of the defendant
Purpose: to prove that he was setup and that the drugs allegedly confiscated in his person is
planted;
2. Dr. Dante Guiang, attending physician, Dynamics Laboratory
Purpose: to prove that the accused is negative on methamphetamine hydrochloride (Shabu)
in a confirmatory drug test and that the accused is under medication for epilepsy which will
make it impossible for him to take drugs;
3. Affidavits of Farah Ong, store owner, where the alleged arrest was made, to prove
that the PNP Operatives did not follow the operation manual for drug cases.
ISSUES
1. Whether or not there was a valid arrest;
2. Whether or not the PNP Operatives follow the standard protocol;
3. Whether or not the custody of the alleged evidence allegedly confiscated from the
defendant was not tampered;
4. Whether or not the defendant is guilty thereof.
WITNESSES
1. Police Senior Inspector Carlo Santiago, the team leader of the arresting team, to
prove that there was no surveillance and the arrest was only made after their primary target
escaped, leaving the helpless defendant as fall guy of the police;
2. The defendant himself, to prove that he was illegally arrested and after through
search of the PNP Operatives on his person and found nothing illegal, they planted evidence
to him;
3. Dr. Dante Guiang, to prove that the defendant is negative on drugs and that he is
under medication which makes it impossible for him to take drugs for it will aggravate his
sickness;
4. Farah Ong, to collaborate the testimony of other witnesses that the PNP
Operatives found nothing illegal in the person of the defendant and that the alleged 3 grams
of shabu was planted;
5. PNP-DEA Deputy P/Supt. Jese Mendoza, to prove that the chain of custody of the
said alleged drugs taken in the defendant possession did not follow the standard protocol.
TRIAL DATES

Preferably on the 12th , 24th and 30th of the month.

RESPECTFULLY SUBMITTED.
City of Manila, Philippines, August 5, 2019.

Atty. NICASIO MANDELA


Private Defendant
Roll No. 67890 / 5-2-07
IBP. No. 667899 / 12-29-07
MCLE 12-31-2018
PTR 12-31-2018
Copy furnished:

Office of the City Prosecutor


City of Manila
Manila City Hall

Received by:___________
Date: ___________

You might also like