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    Pre Trial Brief DEFENSE

    Uploaded by

    Joan Pablo
    This document is a pre-trial brief submitted by the defense for Noel Cruz Alarcon, who has been charged with violating Section 11, Article 2 of R.A. 9165 (Violation of Dangerous Drugs Act of 2002). The defense admits the identity of the accused and date/place of arrest. It intends to present evidence and witnesses to prove that the accused was set up, the drugs were planted, his arrest was illegal, and he is innocent of the charges. The defense disputes the validity of the arrest, compliance with protocols, and chain of custody of evidence. It requests trial dates of July 12th, 24th, and 30th.

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    © All Rights Reserved
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    Pre Trial Brief DEFENSE

    Uploaded by

    Joan Pablo
    2K views3 pages
    This document is a pre-trial brief submitted by the defense for Noel Cruz Alarcon, who has been charged with violating Section 11, Article 2 of R.A. 9165 (Violation of Dangerous Drugs Act of 2002). The defense admits the identity of the accused and date/place of arrest. It intends to present evidence and witnesses to prove that the accused was set up, the drugs were planted, his arrest was illegal, and he is innocent of the charges. The defense disputes the validity of the arrest, compliance with protocols, and chain of custody of evidence. It requests trial dates of July 12th, 24th, and 30th.

    Original Description:

    Viol. Sec 11

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    This document is a pre-trial brief submitted by the defense for Noel Cruz Alarcon, who has been charged with violating Section 11, Article 2 of R.A. 9165 (Violation of Dangerous Drugs Act of 2002). The defense admits the identity of the accused and date/place of arrest. It intends to present evidence and witnesses to prove that the accused was set up, the drugs were planted, his arrest was illegal, and he is innocent of the charges. The defense disputes the validity of the arrest, compliance with protocols, and chain of custody of evidence. It requests trial dates of July 12th, 24th, and 30th.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views3 pages

    Pre Trial Brief DEFENSE

    Uploaded by

    Joan Pablo
    This document is a pre-trial brief submitted by the defense for Noel Cruz Alarcon, who has been charged with violating Section 11, Article 2 of R.A. 9165 (Violation of Dangerous Drugs Act of 2002). The defense admits the identity of the accused and date/place of arrest. It intends to present evidence and witnesses to prove that the accused was set up, the drugs were planted, his arrest was illegal, and he is innocent of the charges. The defense disputes the validity of the arrest, compliance with protocols, and chain of custody of evidence. It requests trial dates of July 12th, 24th, and 30th.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    The defendant Noel Cruz Alarcon is accused of violating Section 11, Article 2 of R.A. 9165 (Comprehensive Dangerous Drugs Act of 2002) and is submitting a pre-trial brief arguing his innocence.

    The defendant is accused of possession of methamphetamine hydrochloride or 'shabu'.

    The defense plans to present affidavits from the defendant and witness Nena Mendoza arguing the drugs were planted, as well as a medical report showing the defendant tested negative for drugs. They will argue the arrest was invalid and protocols were not followed.

    Republic of the Philippines

    National Capital Judicial Region


    REGIONAL TRIAL COURT
    Branch 1
    City of Manila

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,
    CRIM. CASE NO.2017-111123
    FOR: Viol. Section 11, Article 2
    R.A. 9165
    - versus -

    NOEL CRUZ ALARCON,


    Accused.
    x-----------------------------------------------x

    PRE-TRIAL BRIEF OF THE DEFENSE

    NOEL CRUZ ALARCON, through the undersigned Private Defendant,


    before this Honorable Court, most respectfully submit this Pre-Trial Brief:
    SUMMARY OF ADMITTED FACTS
    AND PROPOSED STIPULATION OF FACTS
    The following are the admitted facts:
    1. the identity of the one charged in the information and that of the person
    arraigned is one and the same;
    2. the date and place of the arrest.
    EVIDENCE FOR MARKINGS
    1. Affidavit of the defendant
    Purpose: to prove that he was setup and that the drugs allegedly confiscated in
    his person is planted;
    2. Dr. Arnold De Vera, attending physician, New World Laboratory
    Purpose: to prove that the accused is negative on methamphetamine
    hydrochloride (Shabu) in a confirmatory drug test and that the accused is under
    medication for epilepsy which will make it impossible for him to take drugs;
    3. Affidavits of Nena Mendoza, store owner, where the alleged arrest was
    made, to prove that the PNP Operatives did not follow the operation manual for
    drug cases.
    ISSUES
    1. Whether or not there was a valid arrest;
    2. Whether or not the PNP Operatives follow the standard protocol;
    3. Whether or not the custody of the alleged evidence allegedly confiscated
    from the defendant was not tampered;
    4. Whether or not the defendant is guilty thereof.
    WITNESSES
    1. Police Senior Inspector Ricardo Dalisay, the team leader of the
    arresting team, to prove that there was no surveillance and the arrest was only
    made after their primary target escaped, leaving the helpless defendant as fall
    guy of the police;
    2. The defendant himself, to prove that he was illegally arrested and after
    through search of the PNP Operatives on his person and found nothing illegal,
    they planted evidence to him;
    3. Dr. Arnold De Vera, to prove that the defendant is negative on drugs
    and that he is under medication which makes it impossible for him to take drugs
    for it will aggravate his sickness;
    4. Nena Mendoza, to collaborate the testimony of other witnesses that the
    PNP Operatives found nothing illegal in the person of the defendant and that the
    alleged 3 grams of shabu was planted;
    5. PNP-DEA Deputy P/Supt. Charlie Chaplin, to prove that the chain of
    custody of the said alleged drugs taken in the defendant possession did not
    follow the standard protocol.
    TRIAL DATES

    Preferably on the 12th , 24th and 30th of the month.

    RESPECTFULLY SUBMITTED.
    City of Manila, Philippines, July 4, 2017.

    Atty. ELISEO J. SALVADOR JR.


    Private Defendant
    Roll No. 67890 / 5-2-07
    IBP. No. 667899 / 12-29-07
    MCLE 12-31-2018
    PTR 12-31-2018
    Copy furnished:

    Office of the City Prosecutor


    City of Manila
    Manila City Hall

    Received by:___________
    Date: ___________

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