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Republic of the Philippines

REGIONAL TRIAL COURT


8th Judicial Region
BRANCH 19
Catarman, Northern Samar

Republic of the Philippines, Criminal Case No. ___________


Plaintiff,
For:
Violation of section 261(p) of
the Omnibus Election Code
-VS-

A,
Accused.
x---------------------------------------------x

PRE-TRIAL BRIEF

PLAINTIFF, through the undersigned counsel, to this Honorable


Court, most respectfully submits his pre-trial brief and alleges:

THEORY OF THE CASE

On or about the 10th day of May, 2016, in Brgy. Cawayan Integrated


School Polling precinct, Municipality of Catarman, Philippines, and within
the jurisdiction of this Honorable Court, the said accused, did then and there
willfully, unlawfully and knowingly carry outside of his residence an
unidentified handgun by pointing it towards B and clicked the trigger while
the latter was at the long queues at the polling place at the height of election
day without first obtaining the proper authority in writing from the
Commission on Elections, Catarman, Northern Samar, Philippines.

A. ISSUE TO BE TRIED
WHETHER OR NOT THE ACCUSED IS GUILTY BEYOND
REASONABLE DOUBT FOR VIOLATION OF SECTION
261(P) OF THE OMNIBUS ELECTION?

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B. EVIDENCES FOR PLAINTIFF

1. Annex “A” - PSInspector Randy Orton


Purpose: To show and prove the authenticity of the gun.

2. Annex “B”- Search Warrant


Purpose: To prove that jurisdiction over the thing was acquired by
the court

3. Annex “C”-Judicial Affidavit of Rey N. Catacutan


Purpose: As direct testimony of the witness

4. Annex “D”-Judicial Affidavit of Dina P. Pigil


Purpose: As direct testimony of the witness

5. Annex “E”- 9mm beretta


Purpose: To show the object used by the accused.

C. WITNESSES
1. Rey N. Catacutan - He will testify as to the identity of the
accused and prove other matters relevant thereto. 3 hours

2. Dina P. Pigil - She will testify as to the truthfulness of the incident


and prove other matters relevant thereto. 2 hours

3. PSInspector Randy Orton- He will testify to prove the authenticity


of the gun.

D. LAWS AND JURISPRUDENCE RELIED UPON:


1. Omnibus Election Law

2. Other related laws and Jurisprudence

February 10, 2018, Catarman, N. Samar.

ATTY. KATHERINE P. SADIOA


Public Prosecutor

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Copy Furnished: By Personal Service

Hon. Ruberna B. Quibal


RTC Judge, Branch 19
Justice Bldg., Catarman, N. Samar

The Clerk of Court


RTC Branch 19
Catarman, N. Samar

Greetings! Please submit the foregoing Pre-trial Brief to the


Honorable Court immediately upon receipt for its consideration and
resolution. Thank you very much!

_______________________