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Criminal Case No. 12369 For violation of R.A. 10591 Illegal Possession of Firearm
Accused. x--------------------------------------------------x
PRE-TRIAL ORDER
When this case was called for pre-trial, City Prosecutor Hadjury P. Brahim appeared for the prosecution, and Atty. Jairus Rubio appeared for the defendant. The private complainant SPO4 Glenn Aquino and the accused Renard Robert Masongsong were also in court. POSSIBILITY OF AMICABLE SETTLEMENT During the pre-trial, there was no agreement between the parties as to the possibility of amicable settlement of the case. STIPULATION OF FACTS BETWEEN THE PARTIES The plaintiff, through his counsel and the defendant, through her counsel stipulated on the following that:
1. 2. 3. 4. 5. That the parties have the capacity to sue and be sued; That the accused is the Barangay Chairman of Baragay Murphy That the private complainant is a police officer destined at Station 12 of Barangay Murphy That the accused is the owner of the .45 caliber pistol particularly described in the complaint; That the permit to carry firearm outside residence of the said pistol was already expired
ISSUES TO BE TRIED OR RESOLVED The plaintiff would like the following issues to be resolved:
1. Whether or not the permit to carry firearm outside residence of the said pistol was already expired 2. Whether or not the accused can still bring his firearm outside his residence 3. Whether or not the accused violated R.A. 10591 On the other hand, the defendant would like the following issues to be resolved: 1. Whether or not private complainant validly arrested the accused 2. Whether or not the accused is allowed to bring his firearm outside his residence by virtue of his position as Barangay Chairman 3. Whether or not the accused faithfully complied with the requirements of the law in securing permit to carry firearm outside residence 4. Whether or not the accused violated R.A. 10591
WITNESSES TO BE PRESENTED
The plaintiff will present the following witnesses: 1) SPO4 Glen Aquino The plaintiff reserves his right to present two (2) more witnesses.
DATE OF HEARING Both parties agreed on the trial date to be held on the 15 th day of November 2013 in the morning and shall present their witnesses also on the same date. The parties are hereby directed to go over the Pre-Trial Order. Should they find any error therein as maybe supported by the Transcript of Stenographic Notes, they should call the attention of the Court before the start of the trial. Thereafter, no correction to the order shall be allowed. This 15th day of September, 2013 at Quezon City, Philippines.