Republic of the Philippines

REGIONAL TRIAL COURT, BRANCH 22

10th Judicial Region
 Cagayan de Oro City

PEOPLE OF THE PHILIPPINES,           Case No. R-CDO-21-

133982-CR

                                             Plaintiff

 
-versus-                                            for:

 
GLENN KIRBY GERMAN,                               Violation of Section 5
Address: Zone 3, Upper Bulua, CDO City Article II of  R.A. 9165
                                             Accused.

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PRE-TRIAL BRIEF OF THE PROSECUTION

THE PEOPLE OF THE PHILIPPINES, through the undersigned

Prosecutor, most respectfully submits this Pre-trial Brief and states
the following:

A. SUMMARY OF PROPOSED STIPULATION OF FACTS

1. That the accused, Glenn Kirby German, charged in the

Information and that of the person arraigned is one and the same
person;

2. That the accused, Glenn Kirby German, of legal age, Filipino

and resident of Zone 3, Upper Bulua, Cagayan de Oro City;

3. That on April 23, 2020, the police operatives of Cagayan de

Oro City Police Station Anti-illegal Drugs Special Operation Task
Force (CDOCPSADSOTF) had arrested a certain Anthony Cu for
possession of illegal drugs.

5. That CDOCPSADSOTF gathered from Anthony Cu that the

source of the illegal drugs was Glenn Kirby German;
 6. That Police Chief Inspector Diosa Mae Andot formed a team
that would conduct a buy-bust operation for the apprehension of
Glenn Kirby German together with PO3 Yenyen Empinado, PO3
Renato F. Tolinero, PO2 Ethaniel Evagrio Paderanga as poseur-
buyer, PO2 Mario Mario, PO2 Juan dela Cruz and PO3 Jose Jose;

7. That before proceeding with the buy-bust operation, the team

prepared the pre-operation report addressed to the Philippine Drug
Enforcement Agency (PDEA), the authority to operate and the
coordination paper;

8. That thereafter, the team proceeded to Upper Bulua, CDO

City, made a surveillance and assumed their respective positions;

9. That at the target area, PO2 Paderanga and Anthony Cu

went to the house of the accused. Cu summoned the accused and
the latter came out after a few minutes. Cu introduced PO2
Paderanga as a friend who wanted to buy shabu;

10. That PO2 Paderanga asked for the price of five (5) grams of
shabu and accused replied that the same would cost him
Php8,000.00. PO2 Paderanga confirmed that he has the money; 

11. That the accused asked PO2 Paderanga and Cu to wait

and went inside the house and when he returned he handed a plastic
sachet containing a substance suspected as shabu to PO2
Paderanga who in turn gave the marked and boodle money;

12. That when accused was about to count the money PO2
Paderanga gave the pre-arranged signal to his team and introduced
himself as a police officer and was able to arrest the accused despite
resistance;

13.  That the other team members proceeded to the house and
saw that other people were re-packing shabu, the team confiscated
the items and proceeded to the Bulua Police Station;

14. That the items confiscated were turned over by PO2

Paderanga to PO3 Yenyen Empinado who marked them in the
presence of police operatives, Maria Cruz, a representative from the
media, Roy Reyes, a representative from the DOJ, and Brgy.
Kagawad Wal delos Reyes, and prepared the corresponding
inventory of the confiscated items; and

15. That the marking and inventory of the confiscated items

were done at the Bulua Police Station for the reason that the police
officers believed that there was a threat to their security due to their
unfamiliarity of the place of operation; and

 
 16. That the specimen was brought to the police crime
laboratory for testing and yielded positive to the test for
methylamphetamine hydrochloride or shabu.

B. ISSUES TO BE TRIED

1.     Whether or not the accused is guilty of the crime charged.

C. APPLICABLE LAWS AND JURISPRUDENCE

1. Republic Act No. 9165 otherwise known as Comprehensive

Drugs Act of 2002

2. Revised Rules of Evidence

3. Jurisprudence laid down by the Supreme Court on Violation

of Republic Act No. 9165 otherwise known as
Comprehensive Drugs Act of. Complainant respectfully
reserves the right to cite applicable laws and jurisprudence
as the case progresses.

D. DOCUMENTS TO BE PRESENTED

1.     Exhibit “A” – Pre – Operation Report dated April 21, 2020

2.     Exhibit “B” – Coordination Letter dated April 22, 2020

3.     Exhibit “C” – Affidavit of Apprehending Officer PO2

Ethaniel Evagrio Paderanga

4.   Exhibit “D” – Affidavit of Apprehending Officer of PO3

Yenyen Empinado

5.     Exhibit “E” – Affidavit of Apprehending Officer PO3 Renato

F. Tolinero, Jr

6.     Exhibit “F” – Inventory Report of Property Seized

7.     Exhibit “G” – Marked money

8.     Exhibit “H” – Sachet of alleged Methylamphetamine

Hydrochloride or“shabu” seized

9.     Exhibit “I” – Request for Laboratory Examination of the

Seized Item
 10.  Exhibit “J” – Receipt of Property Turned – Over to PO3
Yenyen Empinado

E. NAMES OF WITNESSES

 
1.                     PO2 Ethaniel Evagrio Paderanga – to testify that
he was the poseur – buyer during the buy – bust
operation conducted on April 23, 2020 at Upper Bulua,
Cagayan de Oro City, and to identify the seller of the
alleged illegal drug.
 
2.                     PO3 Yenyen Empinado – to testify that she was
the one who received the confiscated items from PO2
Paderanga and that she was the one who marked the
items and made the corresponding inventory during the
buy – bust operation conducted on April 23, 2020 at
Upper Bulua, Cagayan de Oro City.
 
3.                PO3 Renato F. Tolinero – to testify that he was the
one who confiscated the items from the accused and
placed the same inside a plastic bag during the buy –
bust operation conducted on April 23, 2020 at Upper
Balulang, Cagayan de Oro City.

F. AVAILABLE TRIAL DATES

 Specifically all Fridays of the month, with the regular appearance of

the undersigned city prosecutors before this Honorable Court.

G. RESERVATION

         The prosecution reserves the right to additional pieces of

evidence as circumstances may warrant.

RESPECTFULLY SUBMITTED. May 24, 2021, Cagayan de

Oro, City, Philippines.

 
 CAGAYAN DE ORO CITY PROSECUTOR'S OFFICE
Hall of Justice, Xavier Heights
Cagayan de Oro City

By:

 
ANGELICA R. CASIÑO
Asst. Prosecution Attorney I
 Roll of Attorneys No. 102568
IBP No. 18520/ Cagayan de Oro City/August 9, 2016
MCLE Exempt
PTR Exempt

Copy furnished:

                                                                                

Date: __________

ATTY. REINA OROPILLA

Public Attorney
Roll No. 101236 
IBP No. 4698577 - 5-18-2016 MisOrChapter
Admitted to the bar on May 24, 2016