Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

SPECIAL DRUGS COURT
Branch 23
Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.

Plaintiff, R-CDO-20-01642-CR &
R-CDO-20-01643-CR

-versus- for:

HARLOW ABAS y Salawaga, VIOLATION OF SECTION

ARNEL TUMULAK y Custudio 11 & 12,
and ARTICLE II OF R.A. 9165
MANUEL PAGARAN y Buynay
Accused.
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APPLICATION FOR PROBATION

ACCUSED, through the undersigned counsel and unto this Honorable

Court, most respectfully applies for probation under the provisions of
Presidential l Decree No. 968 as amended and states that:

1. On September 19, 2019, accused was convicted for violation of

Republic Act 1059 and was sentenced to suffer 6 months 1 day to 2
years and 4 months of imprisonment and P10,000.00 fine;
2. The crime for which the accused was convicted is not an offense
against national security and order;
3. Accused has not been previously convicted by final judgment of any
offense punishable by imprisonment of not less than one month and
one day and/or fine of not less than two hundred pesos;
4. Accused has not been once placed on probation under the provisions
of Presidential Decree No. 968, otherwise known us the Probation
Law of 1976, as amended;
5. Accused has all the qualifications and none of the disqualifications to
avail of the benefits of the Probation Law.

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that the Application for Probation be referred

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 to the Parole and Probation Officer of the City of Cagayan de Oro for
the requisite post-sentence investigation and thereafter, the
application for probation be approved.

Other reliefs just and equitable in the premises are likewise sought.
Malaybalay City, Bukidnon, Philippines for Cagayan de Oro City July22,
2020.

ATTY. ADRIANO G. BAHIAN JR.

Counsel for the Accused

NOTICE OF HEARING

The Branch Clerk of Court

RTC Branch 23
Cagayan de Oro City City,

Greetings!

Please submit the foregoing motion to the Honorable Court fo r its

favorable consideration and approval.

ATTY. ADRIANO G. BAHIAN JR.

Copy furnished by personal service:

City l Prosecutor’s Office

Cagayan de Oro City

Parole and Probation Office

Cagayan de Oro City

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 PRE-TRIAL BRIEF FOR THE ACCUSED

COMES NOW, the Accused, ARNEL TUMULAK y Custudio

rough the undersigned counsel before this Honorable Court, most
respectfully submit this Pre-Trial Brief:

POSSIBILITY OF AMICABLE SETTLEMENT

The accused is willing and open to the possibility of fair and just
amicable settlement or any discussion of matters that may aid and promote
the expeditious resolution of this case.

SUMMARY OF ADMITTED FACTS AND STIPULATIONS

1. The identity of those charged in the information and that of the

person arraigned is one and the same;

2. The jurisdiction of the Honorable Court over the parties.

EVIDENCE FOR MARKINGS

1. Judicial Affidavit of Arnel C. Tumulak;
2. Others (Reserved)
WITNESSES
1. Arnel C. Tumulak
2. Others (Reserved)
ISSUES
1. Whether or not the accused committed the crime
charged;
2. Whether or not he is guilty thereof.
APPLICABLE LAW AND JURISPRUDENCE
The provisions of the Revised Penal Code as well as the decisions of the
Supreme Court to the issues in the instant case are hereby invoked by the
accused.
TRIAL DATES

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 The undersigned proposes that the trial dates be set in open court so that it
will not conflict to the calendar of the Honorable Court and Counsel.
RESPECTFULLY SUBMITTED.
July 6,2020, Malaybalay City, for Cagayan de Oro City Philippines.

ATTY. ADRIANO G. BAHIAN JR.

Counsel for the Accused
Department of Agrarian Reform,
Casisang, Malaybalay City, Bukidnon
Roll of Attorney No. 66760
IBP NO. 62182-I/4/2019 Malaybalay City
PTR NO. 8497964- 1/3/2019 Malaybalay City
MCLE Compliance No. VI-0011667

Copy Furnished:
City Prosecutor’s Office Office
Cagayan de Oro City