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: ___________