REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Crim. Case No.
--versus--

Accuseds.
x---------------------------------------------x

PRE-TRIAL BRIEF

ACCUSEDS, through the undersigned counsel, unto this

Honorable Court, most respectfully submits this Pre-Trial Brief:

A. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

The Accuseds hereby admit the following facts:

1. The identity of the Accuseds;

2. The subject matter of the controversy is a face shield

Furthermore, the Accuseds respectfully propose the following

facts:

1. This Honorable Court has no jurisdiction over the subject

matter;
2. The Private Complainants did not personally know each
other prior and during the transaction;
3. The Accuseds were also “buyers” of the face shield;
4. The Accuseds neither solicited nor collected money from the
Private Complainants;
5. The Accuseds did not promise the Private Complainants that
the former will deliver the face shields to them;
6. The Accuseds were not part of in any capacity whether as
an officer, employer, stockholder, agent, or a representative;
7. The Private Complainants were introduced to the transaction
by several John Does and Jane Does;
8. The transaction of the face shields happened on
9. On, the Private Complainants went straight to the to
complain the transaction;
 10. The Accuseds were merely identified and pointed out by
the Private Complainants to the arresting officers on three
(3) days after the transaction;
11. The Accuseds were arrested without a warrant issued by
any judicial body;
12. The operatives obtained the items during arrest were
seized without a warrant issued by any judicial body; and
13. A certain, who allegedly assisted them during the
Accuseds arrest, did not in fact assisted the Accuseds during
the arrest.

B. ISSUES TO BE TRIED

1. Whether or not the Accuseds made false pretenses or

fraudulent representation that they possess the power,
influence, qualifications, property, credit, agency, business
or otherwise that they could provide them the Heng de face
shields;
2. Whether or not the testimonies of the Private Complainants
were sufficient to convict the Accuseds for the crime of
Estafa under the Art. 315 (2)(a) of the Revised Penal Code;
3. Whether or not the arrest of the Accuseds were lawful; and
4. Whether or not the pieces of evidence obtained during the
arrest of the Accuseds were illegally obtained.

C. APPLICABLE LAWS AND JURISPRUDENCE

1. Act No. 3815, otherwise known as the Revised Penal Code;

2. Revised Rules of Evidence;
3. Jurisprudence laid down by the Honorable Supreme Court
on Estafa as defined by Art. 315 (2)(a); and
4. Jurisprudence laid down by the Honorable Supreme Court
on unlawful arrest and evidence illegally obtained.

The Accuseds respectfully reserve the right to cite applicable

laws and jurisprudence as the case progresses.

D. DOCUMENTS TO BE PRESENTED

The Accuseds initially adopt the pieces of evidence presented

by the Prosecution.
Accuseds reserve the presentation of other documents during
the course of the trial.

E. WITNESSES TO BE PRESENTED

2
 Accuseds reserve the presentation of other witnesses during
the course of the trial.

F. MODES OF DISCOVERY

Accuseds intend to avail of the modes of discovery during the

course of the trial as the need arises.

RESPECTFULLY SUBMITTED.

Quezon City for the City of Manila, Philippines; 15 September 2020.

By: