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Republic of the Philippines

Judicial Region VII


REGIONAL TRIAL COURT
Branch 69
City of Cebu

PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM. CASE NO. 2019-
011119
FOR: Viol. Section 5, Article 2
R.A. 9165
- versus -

AMBROSIO “OSIO” DELA CRUZ,


Accused.
x-----------------------------------------------x

PRE-TRIAL BRIEF OF THE DEFENSE

AMBROSIO “OSIO” DELA 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

Statements:

1. Affidavit of the defendant


Purpose: to prove that he was setup and that the drugs allegedly
confiscated in his person is planted;

2. Affidavit of Kris Aquino-Dela Cruz, wife of defendant, witnessing


the arrest of Osio, to prove that there was nothing illegal found in
the person of the defendant and that the alleged 6.94 grams of
shabu was planted;
3. Affidavit of Broad Peit, Balot vendor nearby where the alleged
arrest was made, to prove that the alleged 6.94 grams of shabu was
planted.

4. Affidavit of Russel Niebres, retired PDEA agent and Osio’s


neighbor, to prove that the PNP standard protocol has not been
followed.

Exhibits:

1. Photographs of Location where actual Buy-bust took place

2. Original and Photocopy of PNP Arrest and Booking Sheet

3. Photocopy of Laboratory Result of the powder dusting negative

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. PCI Zosimo Balawag, the Police Chief Inspector of the arresting


team, to prove that there was no surveillance and the buy-bust money was
not duly marked or dusted with ultra-violet powder by PDEA Laboratory
Service or PNP Crime Laboratory.

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. PO3 Borigo Maglenti, investigator on case, to prove that the chain


of custody was not followed for the arresting officer did not turn over the
illegal drugs to the former;

4. Kris Aquino-Dela Cruz, 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. PO3 Rodolfo Amores, to prove that the chain of custody of the said
alleged drugs taken in the defendant possession did not follow the standard
protocol.

6. Barangay Councilor Berto Olasiman of Barangay Inayawan, to


prove that there was no Barangay Certification.

TRIAL DATES

Preferably on the 18th and 25th of the month.

RESPECTFULLY SUBMITTED.
City of Cebu, Philippines, January 11, 2019.

Atty. DENISE LEAVINA G. LUA


Private Defendant
Roll No. 67890 / 8-2-18
IBP. No. 667899 / 12-29-18
MCLE 12-31-2018
PTR 12-31-2018

Copy furnished:

Office of the City Prosecutor


City of Cebu
Cebu City Hall

Received by:___________
Date: ___________