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Republic of the Philippines

Regional Trial Court


th
11 Judicial Region, Branch 56
Bago City, Negros Occidental

THE PEOPLE OF THE


PHILIPPINES
Criminal Case No. 1234-5678
Complainant, FOR: Violation of R.A. 10591
The Comprehensive Firearms
-versus- and Ammunition Regulation
Act

TONY MONTANA
(Purok Argentina, Brgy. Mao-ao,
Bago City)

Accused,

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

PRE-TRIAL BRIEF

TONY MONTANA, through the undersigned counsel, most


respectfully submits this Pre-trial Brief and states the following:

A. SUMMARY OF ADMITTED FACTS AND PROPOSED


STIPULATION OF FACTS

1. That, SPO 1 Cardo Dalisay, Filipino, of legal age, a resident of


Bago City, Negros Occidental, Philippines;

2. That, SPO 1 Cardo Dalisay, is a non-commissioned police officer


assigned at Bago City Police Station; (Exh. “A”) (Assignment
Order)

3. That on or about January 15, 2018 at around 10am in the morning,


the complainant while approaching a sari-sari store saw two
persons fighting. One of which is the accused – Tony Montana.
SPO 1 Dalisay introduced himself as a police officer while trying
to break the fight by yelling at them “Hoy, Police ni! untata nyo
na! tama na na!”

4. Upon hearing SPO1 Dalisay, the persons fighting herein, suddenly


fled and run on foot in opposite directions. While trying to flee, the
accused herein stumbled and fell on the ground while the other
person was able to escape;

5. Immediately thereinafter, the accused was subdued by SPO1


Dalisay, pinning him into the ground;

6. As part of Standard Operating Procedure SPO1 Dalisay conducted


a body search to protect his person;

7. While in prone position, the accused continue to resist the force


exerted by SPO1 Dalisay;

8. The accused hereinafter while wrestling with SPO1 Dalisay


grabbed his gun behind his waist attempting to throw it away, but
SPO1 Dalisay was able to get hold of the gun first.

9. Such incident Such body search yielded the following item; (1) one
(1) unit of revolver; (2) holster; and (3) ammunitions;

10. SPO1 Dalisay asked the accused to present a license or


authority to carry or possess such weapon;

11. Despite the repeated request of SPO1 Dalisay to show license


or authority, the accused herein was not able to present any of the
said documents;

12. SPO1 Dalisay then brought the accused to the nearest police
station to conduct the necessary proceedings and inquiry.

13. They was able to conduct an inquest proceeding and inventory


of the items recovered from the accused. (Exh. “B”)

14. SPO1 Dalisay requested a certificate in the PNP head office to


prove that one Tony Montana is not listed as a gun license holder.
(Exh. “C”)

B. ISSUES TO BE TRIED

1. Whether or not the accused is in good faith upon issuance of the


check;
2. Whether or not failure to serve notice of the dishonored check
is tantamount to the denial of due process of the accused.

C. APPLICABLE LAWS AND JURISPRUDENCE

1. R.A. 10591 – Comprehensive Firearms and Ammunition


Regulation Act

2. Revised Rules of Evidence;

3. Jurisprudence laid down by the Supreme Court:

i. ARNOLD JACABAN VS. PEOPLE OF THE


PHILIPPINES, G.R. NO. 184355, MARCH 23, 2015.
ii. ELENITA C. FAJARDO VS PEOPLE OF THE
PHILIPPINES, G.R. NO. 190889, JUNE 10, 2011.

The accused respectfully reserves the right to cite applicable laws and
jurisprudence as the case progresses.

D. DOCUMENTS TO BE PRESENTED

1. Assignment Order -----------------------------Exhibit “A”


(This document is a proof that SPO1 Dalisay is assigned in Bago
City)

2. Inventory of the seized items-------------------- Exhibit “B”


(This is to show that proper proceedings have been conducted after
the seizure.)

3. Certificate of no license-------------------------------Exhibit “G”


(This documentary evidence is proof that the accused is not listed as a
license holder)

E. NAMES OF WITNESSES

1. SPO1 Dalisay – his testimony will prove that the accused herein was
in possession of the weapon stated above, and that he lacks the
authority or license to possess the firearm.

F. AVAILABLE TRIAL DATES


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

RESPECTFULLY SUBMITTED. February 12, 2018, Bago City,


Philippines.

CUA DELA CRUZ TUPAS PALMA TUPAS CAÑETE


Bacolod City, Negros Occidental

By:

Atty. Christian Monteo


Senior Partner
Roll of Attorneys No. 52039
IBP No. 976893/ Bacolod City/January 2, 2017
MCLE No. 102312
PTR No. 106283

Copy furnished:
Bacolod City Prosecutor’s Office R.R. No. __________
Counsel for the Complainant Date: _____________
Bacolod City