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Republic of the Philippines

COURT OF APPEALS
Cagayan de Oro City
Mindanao Station

____________ DIVISION

PEOPLE OF THE PHILIPPINES, CA-GR No. 1234


Plaintiff-Appellee,
(Crim. Cases Nos. xxxxx)
- versus -
For: VIOLATION OF SEC. 5, SEC.
11 & SEC. 12 OF R.A 9165
XXXXXXX,
Accused-Appellant.

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

APPELLANT’S BRIEF

COMES NOW, accused-appellant, xxxxxxxxxxxxxx, by


counsel, and to this Honorable Court, most respectfully states:

Timeliness of the Brief

1. On ______________, accused-appellant received from


this Honorable Court a Notice dated September 21, 2018 directing
the filing of an Appellant’s Brief within the non-extendible period
of thirty (30) days from receipt and with proof of service thereof
upon the appellee. As such, accused-appellant has until November
1, 2018 within which he may file his Appellant’s Brief. Hence, the
timely filing of the instant Appellant’s Brief;

Subject Index

2. The following are the digest of the arguments and their


page references, viz.:

3. The following are the table of cases alphabetically


arranged with reference to the pages where they are cited, viz.:

Jurisprudence Page
People vs. Salik CA-GR No. 01670

Salum v. People 10
Jaime Dela Cruz v. People 12
Diokno v. Rehabilitation Finance 12
Corporation
People v. Sulit 13
People v. Ramos 13

Book reference
Evidence Series 2009 11
(The Bar Lectures Series)
by Willard B. Riano, p.119

Assignment of Errors

4. Accused-appellant presents the following assignment of


errors committed by the Regional Trial Court (RTC), Branch ABC
of ________________, viz.:

First, the RTC gravely erred in his order finding


the

Statement of the Case

5.
Statement of Facts

7.

Issues

17. Accused-appellant respectfully submits the following


issues of fact and law for its judgment, to wit:

Arguments

40. In fine, appellant is of the considered view that the RTC


erred in convicting him for violation of Section 15 of Article II of
RA 9165 on the premise that the said violation was not charged by
the prosecution and his confession is only to show his
trustworthiness to the trial court, nonetheless may not be used
against him to incriminate himself. Moreover, the burden of proof

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People vs. Salik CA-GR No. 01670

that rested to the prosecution to prove their case is reversely


rested on him.

Relief

WHEREFORE, premises considered, it most respectfully


prays of this Honorable Court that -----------------

Such other reliefs just and equitable under the circumstances


are likewise prayed for.

Respectfully submitted.

-----------------

EXPLANATION ON SERVICE
BY PRIVATE COURIER SERVICE
AND/OR REGISTERED MAIL

Accused-appellant, by counsel, respectfully states that due


to time constraints, the distance between counsel’s office and that
of the adverse parties, the number of adverse parties, and the lack
of sufficient messengerial personnel to effect personal service,
copies of the foregoing Appellant’s Brief were thus served upon the
adverse parties by private courier service and/or registered mail.

Republic of the Philippines . . . . )


City of xxxxxxxxxxx . . . . . . . . . . . ) S.S.
x -------------------------------- x

AFFIDAVIT OF SERVICE

Service upon the adverse parties of the foregoing Appellant’s


Brief was effected by private courier service and/or registered mail
as hereunder evinced by the receipts attached opposite their
names, viz.:
WITNESS MY HAND this 15th day of October, 2018 in
Cotabato City, Philippines.

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People vs. Salik CA-GR No. 01670

xxxx

SUBSCRIBED AND SWORN to before me this 15th day of


October, 2018 in Cotabato City, Philippines by affiant who has
satisfactorily proven his identity through his IBP Identification Card
with Roll of Attorney No.

Doc. No.:
Page No.:
Book No.:
Series of 2018.

NOTICE OF SUBMISSION

The Division Clerk of Court


____________ Division
Court of Appeals
Cagayan de Oro City

The undersigned respectfully submits the foregoing


Appellant’s Brief for the consideration and appropriate action of
the Honorable Court.

xxxx

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