Republic of the Philippines

Central Visayas Judicial Region

REGIONAL TRIAL COURT
Branch 50, Loay, Bohol

PEOPLE OF THE PHILIPPINES,

Criminal Case No. _____
-versus- For: Illegal Possession and
Sale of Dangerous
Drugs

Juan Dela Cruz

Accused.

x ------------------------------------------------------ x

PRE-TRIAL BRIEF OF DEFENDANT

DEFENDANT, by counsel and through this Honorable Court, respectfully submits this pre-trial
court’s order dated, March 28, 2018

I. SUMMARY OF ADMITTED FACTS, PROPOSED STIPULATION OF FACTS

AND DEFENSES

The defendant hereby admits the following facts:

I.1. The identity of the private complainant, Tristan Hao;

I.2. The date and time of the commission of the offense;

Furthermore, the defendant respectfully proposes the following facts:

I.3. SPO3 Amante Mondragon instigated the buy-bust operation;

I.4. Despite the effort of the defendant to ignore and turndown the instigating, proposal,
offering, and perseverance to look for shabu , SPO3 Amante Mondragon consistently
and without stop instigating in the mind of defendant to purchase drugs for him;

The defendant, moreover, raises the following defenses:

I.5. The allegations were the results of the instigation of SP03 Amante Mondragon’s
relentless instigating in the mind of the defendant;
I.6. The resultant occurrences were mere acts of the master plan of SPO3 Amante
Mondragon.

II. EVIDENCE FOR MARKINGS

II.1. The sworn affidavit of Purita Limpio.

Purpose: To attest that prior to the alleged commission of the offense, several circumstances
of offering, instigating and proposal to buy shabu for SP03 Amante Mondragon was
committed by SP03 to the defendant
justified in committing the crime charged
 III. ISSUE

III.1. Whether or not the defendant was instigated by SP03 Amante Mondragon.
III.2. Whether or not the defendant will is absolved of the crime charged due to the
instigation of SP03 Amante Mondragon.

IV. WITNESSES

IV.1. Purita Limpio to testify on the contents of her sworn affidavit.

V. TRIAL DATES

Specifically all Fridays of the month, with the regular appearance of the undersigned
counsel before this Honorable Court.

RESPECTFULLY SUBMITTED.
Loay City, Bohol, Philippines,.

Enrico H. Alday
Counsel of Defendant
Unit1 1, MDEC Building, Sikatuna Village,
Quezon city
Roll No. 67890 / 5-2-07
IBP. No. 667899 / 12-29-07
MCLE 123141

Copy furnished:

Tristan Hao
Assistant City Prosecutor
Roll No. 67890 / 5-2-07
IBP. No. 667899 / 12-29-07
MCLE Exempt
PTR Exempt

Received by:___________
Date: ___________