Republic of the Philippines

7th Judicial Region

REGIONAL TRIAL COURT
BRANCH 2
Tagbilaran City, Bohol

THE PEOPLE OF THE PHILIPPINES

Plaintiff, Criminal Case No. 21737
-versus-
For:
ARIEL TRADIO Y MELENCION Violations of Section 11 of R.A. 9165
Accused.
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PRE-TRIAL BRIEF FOR THE ACCUSED

ACCUSED through herein undersigned counsel, in the above-entitled case, and to the Honorable
Court, most respectfully submits his Pre-Trial Brief, and state:

I. BRIEF STATEMENT OF THE ACCUSED

Accused vehemently denies the allegations in the information that without lawful
authority and with criminal intent unlawfully, feloniously, freely and knowingly possessed
dangerous drugs in sixteen (16) heat sealed transparent plastic sachet with a combined
weight of 3.57 grams;

That his defense is denial. He was in Davao at the time of the unlawful search
conducted at his mother’s home. His sister Cecil Membrillos saw the irregularity and
impropriety of the implementation of the search warrant .

II. POSSIBILITY OF AMICABLE SETTLEMENT

none.

III. STIPULATION/ADMISSION OF FACTS

None.

IV. PROPOSED STIPULATION OF FACTS

 Will the Prosecution admit that the Forensic Chemist has no personal knowledge if
indeed the illegal items confiscated came from the possession of the Accused;

 Will the Prosecution admit that only Qualitative examination was conducted in
examining the specimen;

 Will the Prosecution admit that the civilian witnesses arrived at the alleged place of
incident after the alleged buy bust operation and they were present only at the time of
the markings and inventory of the alleged illegal items;

 Will the Prosecution admit that the mandatory civilian witnesses were not present
during the alleged actual buy bust operation (seizure and confiscation);

V. THE ISSUES TO BE TRIED OR RESOLVED

 Whether or not Accused is guilty beyond reasonable doubt of the crimes above-mentioned.
 VI. NUMBER AND NAMES OF WITNESS TO BE PRESENTED

1. Accused Ariel Tradio y Melencion

-To refute all the allegations in the complaint.

2. Cecil Membrillos, sister of accused

- to prove that the search done at the house of their mother is irregular, illegal, and improper

Defendants reserve to name other witnesses if necessary;

VII. DOCUMENTS OR EXHIBITS TO BE PRESENTED

Defendant reserves the right to present additional documentary or object evidence in the
course of the trial, if necessary.

VIII. APPLICABLE LAWS AND JURISPRUDENCE

1. Revised Penal Code

2. R.A. 9165
3. Applicable jurisprudence established by the Supreme Court

IX. AVAILABLE TRIAL DATES

Herein Accused will abide by the calendar of the Honorable Court.

Respectfully submitted.

City of Tagbilaran, this September 8, 2022.

PUBLIC ATTORNEY’S OFFICE

Tagbilaran City District Office
Hall of Justice, New Capitol Site
Tagbilaran City

By:

MICHAEL JORDAN M. TUBAL

Public Attorney I
Roll No. 75791
IBP O.R. No. 190705 PTR No. 2467440-Bohol-01/11/2022
MCLE Compliance No. VII- 0010126- 02/15/2022

Personal Delivery
PROVINCIAL PROSECUTION OFFICE
Pros. DEXTER A. BERNALES