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Republic of the Philippines ______ Judicial Region REGIONAL TRIAL COURT Branch___ _______ City PEOPLE OF THE PHILIPPINES,

Plaintiff# - .ersus ________________________, Accused" /-----------------------------------------------/ PRE-TRIAL BRIEF OF THE ACCUSED ACCUSED# through the undersigned counsel# before this 0onorable Court# 1ost respectfully sub1it this Pre-2rial Brief% SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS 2he accused ad1it the follo3ing% '" that the accused +ionela and 4arcia 3as ta5en into custody by P!' +edace and P!6 Cura11eng on No.e1ber '6# 67'8 at around '%77 in the afternoon9 6" that the Police officers entered the pre1ises# though ar1 3ith a .alid search 3arrant but no person 3as present inside the houses so they forcibly open it to conduct the search9 8" that the accused +ionela 3as arrested 3ithout infor1ing hi1 of the charges i1puted against hi19 :" that the accused 4arcia 3as arrested 3ithout any .alid 3arrant of arrest and his .ehicle 3as search 3ithout any .alid search 3arrant9 )" that the accused 3ere forced to confess# in .iolation of their constitutional rights9 (" that the tea bo/es contained 1edicinal tea bags9 ;" that the accused 3ere 1edical representati.es9 <" that the accused 3ere into 0erbal teas business9 EVIDENCE FOR MARKINGS '" Affida.it of Isagani +ionela9 6" Affida.it of Maclair 4arcia9 CRIMINAL CAS N!"_______ $!R% RA &'() *+angerous +rugs Act,

8" Sinu1pang Salaysay of Marites 2agulinao9 :" Actual Receipts of 0erbal 2ea sales 1ade to Marites 2agulinao9 )" Ad.ertise1ent for the herbal teas9 (" 2ea bo/es used in selling teabags9 ;" Medicinal herbal teabags ISSUES '" =hether or not the total sei>e shabu of :775g is accurate?9 6" =hether or not the chain of custody rule is follo3ed?9 8" =hether or not there is .alid search and sei>ure?9 :" =hether or not there is .alid arrest?9 )" =hether or not there is .alid e/tra@udicial confession?9 (" =hether or not the tea bags contained shabu or any crystalli>e substance not3ithstanding co11on 5no3ledge that tea bags contained herbs and not crystalli>e substance? WITNESSES '" Accused Isagani +ionela and Maclair 4racia to testify on the 1atters of their 3or5 as 1edical representati.es# their arrest and the search and sei>ure of their properties9 6" =itness Marites 2agulianao to testify on the search and sei>ure 1ade by the police" TRIAL DATES Specifically all $ridays of the 1onth# 3ith the regular appearance of the undersigned counsels before this 0onorable Court" RESPECTFULLY SUBMITTED. ____________ City# Philippines# +ece1ber '# 67'8

BENJAMIN JOSE ESTOLAS Counsel for the +efense

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