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    Pre-Trial Brief - Sample

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    Paolo Lim
    This pre-trial brief was submitted by the accused in a criminal case involving an alleged estafa related to the sale of face shields. It admits some basic facts such as the identity of the accused and the subject matter. It proposes 13 additional facts including that the court lacks jurisdiction and the arrest was unlawful. The brief lists 4 issues to be tried, including whether the accusations establish estafa and whether evidence was illegally obtained. It reserves the right to present documents, witnesses and other evidence during the trial as permitted.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Pre-Trial Brief - Sample

    Uploaded by

    Paolo Lim
    88 views3 pages
    This pre-trial brief was submitted by the accused in a criminal case involving an alleged estafa related to the sale of face shields. It admits some basic facts such as the identity of the accused and the subject matter. It proposes 13 additional facts including that the court lacks jurisdiction and the arrest was unlawful. The brief lists 4 issues to be tried, including whether the accusations establish estafa and whether evidence was illegally obtained. It reserves the right to present documents, witnesses and other evidence during the trial as permitted.

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    This pre-trial brief was submitted by the accused in a criminal case involving an alleged estafa related to the sale of face shields. It admits some basic facts such as the identity of the accused and the subject matter. It proposes 13 additional facts including that the court lacks jurisdiction and the arrest was unlawful. The brief lists 4 issues to be tried, including whether the accusations establish estafa and whether evidence was illegally obtained. It reserves the right to present documents, witnesses and other evidence during the trial as permitted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    88 views3 pages

    Pre-Trial Brief - Sample

    Uploaded by

    Paolo Lim
    This pre-trial brief was submitted by the accused in a criminal case involving an alleged estafa related to the sale of face shields. It admits some basic facts such as the identity of the accused and the subject matter. It proposes 13 additional facts including that the court lacks jurisdiction and the arrest was unlawful. The brief lists 4 issues to be tried, including whether the accusations establish estafa and whether evidence was illegally obtained. It reserves the right to present documents, witnesses and other evidence during the trial as permitted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    REPUBLIC OF THE PHILIPPINES

    NATIONAL CAPITAL JUDICIAL REGION

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,
    Crim. Case No.
    --versus--

    Accuseds.
    x---------------------------------------------x

    PRE-TRIAL BRIEF

    ACCUSEDS, through the undersigned counsel, unto this


    Honorable Court, most respectfully submits this Pre-Trial Brief:

    A. SUMMARY OF ADMITTED FACTS AND PROPOSED


    STIPULATION OF FACTS

    The Accuseds hereby admit the following facts:

    1. The identity of the Accuseds;


    2. The subject matter of the controversy is a face shield

    Furthermore, the Accuseds respectfully propose the following


    facts:

    1. This Honorable Court has no jurisdiction over the subject


    matter;
    2. The Private Complainants did not personally know each
    other prior and during the transaction;
    3. The Accuseds were also “buyers” of the face shield;
    4. The Accuseds neither solicited nor collected money from the
    Private Complainants;
    5. The Accuseds did not promise the Private Complainants that
    the former will deliver the face shields to them;
    6. The Accuseds were not part of in any capacity whether as
    an officer, employer, stockholder, agent, or a representative;
    7. The Private Complainants were introduced to the transaction
    by several John Does and Jane Does;
    8. The transaction of the face shields happened on
    9. On, the Private Complainants went straight to the to
    complain the transaction;
    10. The Accuseds were merely identified and pointed out by
    the Private Complainants to the arresting officers on three
    (3) days after the transaction;
    11. The Accuseds were arrested without a warrant issued by
    any judicial body;
    12. The operatives obtained the items during arrest were
    seized without a warrant issued by any judicial body; and
    13. A certain, who allegedly assisted them during the
    Accuseds arrest, did not in fact assisted the Accuseds during
    the arrest.

    B. ISSUES TO BE TRIED

    1. Whether or not the Accuseds made false pretenses or


    fraudulent representation that they possess the power,
    influence, qualifications, property, credit, agency, business
    or otherwise that they could provide them the Heng de face
    shields;
    2. Whether or not the testimonies of the Private Complainants
    were sufficient to convict the Accuseds for the crime of
    Estafa under the Art. 315 (2)(a) of the Revised Penal Code;
    3. Whether or not the arrest of the Accuseds were lawful; and
    4. Whether or not the pieces of evidence obtained during the
    arrest of the Accuseds were illegally obtained.

    C. APPLICABLE LAWS AND JURISPRUDENCE

    1. Act No. 3815, otherwise known as the Revised Penal Code;


    2. Revised Rules of Evidence;
    3. Jurisprudence laid down by the Honorable Supreme Court
    on Estafa as defined by Art. 315 (2)(a); and
    4. Jurisprudence laid down by the Honorable Supreme Court
    on unlawful arrest and evidence illegally obtained.

    The Accuseds respectfully reserve the right to cite applicable


    laws and jurisprudence as the case progresses.

    D. DOCUMENTS TO BE PRESENTED

    The Accuseds initially adopt the pieces of evidence presented


    by the Prosecution.
    Accuseds reserve the presentation of other documents during
    the course of the trial.

    E. WITNESSES TO BE PRESENTED

    2
    Accuseds reserve the presentation of other witnesses during
    the course of the trial.

    F. MODES OF DISCOVERY

    Accuseds intend to avail of the modes of discovery during the


    course of the trial as the need arises.

    RESPECTFULLY SUBMITTED.

    Quezon City for the City of Manila, Philippines; 15 September 2020.

    By:

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