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    Pre Trial Brief Tumulak

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    Adriano Bahian Jr.
    1. The accused, Harlow Abas, Arnel Tumulak, and Manuel Pagaran, were convicted of violating Sections 11 and 12 of Article II of R.A. 9165 and sentenced to imprisonment. They are applying for probation under Presidential Decree No. 968. 2. The accused meet the qualifications for probation as the crime was not against national security, they have not been previously convicted of crimes punishable by over a month in prison or a 200 peso fine, and have not previously been placed on probation. 3. The accused is requesting the court refer the application to the parole and probation officer for investigation and approve the application for probation.

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    Pre Trial Brief Tumulak

    Uploaded by

    Adriano Bahian Jr.
    60 views4 pages
    1. The accused, Harlow Abas, Arnel Tumulak, and Manuel Pagaran, were convicted of violating Sections 11 and 12 of Article II of R.A. 9165 and sentenced to imprisonment. They are applying for probation under Presidential Decree No. 968. 2. The accused meet the qualifications for probation as the crime was not against national security, they have not been previously convicted of crimes punishable by over a month in prison or a 200 peso fine, and have not previously been placed on probation. 3. The accused is requesting the court refer the application to the parole and probation officer for investigation and approve the application for probation.

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    PRE TRIAL BRIEF TUMULAK

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    1. The accused, Harlow Abas, Arnel Tumulak, and Manuel Pagaran, were convicted of violating Sections 11 and 12 of Article II of R.A. 9165 and sentenced to imprisonment. They are applying for probation under Presidential Decree No. 968. 2. The accused meet the qualifications for probation as the crime was not against national security, they have not been previously convicted of crimes punishable by over a month in prison or a 200 peso fine, and have not previously been placed on probation. 3. The accused is requesting the court refer the application to the parole and probation officer for investigation and approve the application for probation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views4 pages

    Pre Trial Brief Tumulak

    Uploaded by

    Adriano Bahian Jr.
    1. The accused, Harlow Abas, Arnel Tumulak, and Manuel Pagaran, were convicted of violating Sections 11 and 12 of Article II of R.A. 9165 and sentenced to imprisonment. They are applying for probation under Presidential Decree No. 968. 2. The accused meet the qualifications for probation as the crime was not against national security, they have not been previously convicted of crimes punishable by over a month in prison or a 200 peso fine, and have not previously been placed on probation. 3. The accused is requesting the court refer the application to the parole and probation officer for investigation and approve the application for probation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    REGIONAL TRIAL COURT OF MISAMIS ORIENTAL


    SPECIAL DRUGS COURT
    Branch 23
    Cagayan de Oro City

    PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.


    Plaintiff, R-CDO-20-01642-CR &
    R-CDO-20-01643-CR

    -versus- for:

    HARLOW ABAS y Salawaga, VIOLATION OF SECTION


    ARNEL TUMULAK y Custudio 11 & 12,
    and ARTICLE II OF R.A. 9165
    MANUEL PAGARAN y Buynay
    Accused.
    x-------------------------------------------------------/

    APPLICATION FOR PROBATION

    ACCUSED, through the undersigned counsel and unto this Honorable


    Court, most respectfully applies for probation under the provisions of
    Presidential l Decree No. 968 as amended and states that:

    1. On September 19, 2019, accused was convicted for violation of


    Republic Act 1059 and was sentenced to suffer 6 months 1 day to 2
    years and 4 months of imprisonment and P10,000.00 fine;
    2. The crime for which the accused was convicted is not an offense
    against national security and order;
    3. Accused has not been previously convicted by final judgment of any
    offense punishable by imprisonment of not less than one month and
    one day and/or fine of not less than two hundred pesos;
    4. Accused has not been once placed on probation under the provisions
    of Presidential Decree No. 968, otherwise known us the Probation
    Law of 1976, as amended;
    5. Accused has all the qualifications and none of the disqualifications to
    avail of the benefits of the Probation Law.

    WHEREFORE, premises considered, it is most respectfully prayed of


    this Honorable Court that the Application for Probation be referred

    \
    to the Parole and Probation Officer of the City of Cagayan de Oro for
    the requisite post-sentence investigation and thereafter, the
    application for probation be approved.

    Other reliefs just and equitable in the premises are likewise sought.
    Malaybalay City, Bukidnon, Philippines for Cagayan de Oro City July22,
    2020.

    ATTY. ADRIANO G. BAHIAN JR.


    Counsel for the Accused

    NOTICE OF HEARING

    The Branch Clerk of Court


    RTC Branch 23
    Cagayan de Oro City City,

    Greetings!

    Please submit the foregoing motion to the Honorable Court fo r its


    favorable consideration and approval.

    ATTY. ADRIANO G. BAHIAN JR.

    Copy furnished by personal service:

    City l Prosecutor’s Office


    Cagayan de Oro City

    Parole and Probation Office


    Cagayan de Oro City

    \
    PRE-TRIAL BRIEF FOR THE ACCUSED

    COMES NOW, the Accused, ARNEL TUMULAK y Custudio


    rough the undersigned counsel before this Honorable Court, most
    respectfully submit this Pre-Trial Brief:

    POSSIBILITY OF AMICABLE SETTLEMENT


    The accused is willing and open to the possibility of fair and just
    amicable settlement or any discussion of matters that may aid and promote
    the expeditious resolution of this case.

    SUMMARY OF ADMITTED FACTS AND STIPULATIONS

    1. The identity of those charged in the information and that of the


    person arraigned is one and the same;

    2. The jurisdiction of the Honorable Court over the parties.

    EVIDENCE FOR MARKINGS


    1. Judicial Affidavit of Arnel C. Tumulak;
    2. Others (Reserved)
    WITNESSES
    1. Arnel C. Tumulak
    2. Others (Reserved)
    ISSUES
    1. Whether or not the accused committed the crime
    charged;
    2. Whether or not he is guilty thereof.
    APPLICABLE LAW AND JURISPRUDENCE
    The provisions of the Revised Penal Code as well as the decisions of the
    Supreme Court to the issues in the instant case are hereby invoked by the
    accused.
    TRIAL DATES

    \
    The undersigned proposes that the trial dates be set in open court so that it
    will not conflict to the calendar of the Honorable Court and Counsel.
    RESPECTFULLY SUBMITTED.
    July 6,2020, Malaybalay City, for Cagayan de Oro City Philippines.

    ATTY. ADRIANO G. BAHIAN JR.


    Counsel for the Accused
    Department of Agrarian Reform,
    Casisang, Malaybalay City, Bukidnon
    Roll of Attorney No. 66760
    IBP NO. 62182-I/4/2019 Malaybalay City
    PTR NO. 8497964- 1/3/2019 Malaybalay City
    MCLE Compliance No. VI-0011667

    Copy Furnished:
    City Prosecutor’s Office Office
    Cagayan de Oro City

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