Republic of the Philippines

SUPREME COURT
th
5 MUNICIPAL CIRCUIT TRIAL COURT
DON CARLOS-KITAOTAO-DANGCAGAN
10th Judicial Region
Don Carlos, Bukidnon

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 12437-19-

P
Plaintiff,

-versus- FOR:

OSCAR OBIAL, VIOLATION OF SEC. 5 OF

Accused. R.A. 460
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PRE-TRIAL BRIEF

COMES NOW, Plaintiffs, through the undersigned

Special Prosecutor, and unto this most Honorable Court,
most respectfully submits this Pre-trial Brief, as follows:

Before anything else, your Honor, may we request that

the middle name of the Accused be reflected on the
information filed before this Court?

Thank you, your Honor.

I. STIPULATION OF FACTS

I.1. Will the Defense admit that the Accused, Oscar

Obial, is the same person charged and arraigned today,
March 20, 2019?

I.2. Will the Defense admit that the court has

jurisdiction to try this case?

I.3. Will the Defense admit that the Accused is the

owner of the mini-sawmill located at Purok 2, Poblacion
Norte, Don Carlos, Bukidnon which was inspected at around
1:20 pm on May 16, 2018 by the Anti-Illegal Task Force
(AILTF) personnel from DENR, PNP and Philippine Army?

II. ISSUES TO BE TRIED

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 II.1. Whether or not the accused are guilty of the crime
charged in the information.

III. WITNESSES AND

EVIDENCE TO BE
PRESENTED

III.1. Plaintiff intend to present the following witnesses:

III.1.1. Rey A. Doongan;

III.1.2. Joseph A. Tuibuen;

III.1.3. Ferdinand P. Monleon;

III.1.4. Ronald Cahapay;

III.1.5. Belen M. Paig; and

III.1.6. CENRO Felicisimo C. Escuadro, Jr.

III.2. Plaintiffs intend to present the following

documentary evidence:

III.2.1. Joint Affidavit of apprehending officers as

Exhibit “A”;

III.2.2. Notice of Inspection addressed to Oscar Obial

dated released on April 28, 2018 as Exhibit “B”;

III.2.3. Notice of Closure dated April 30, 2018 signed

by Felicismo C. Escuadro, Jr. as Exhibit “C”;

III.2.4. Photograph showing that the Notice of

Closure is posted at the mini-sawmill of Oscar
Obial as Exhibit “D” and “D-1”;

III.2.5. Apprehension Receipt dated May 16, 2018 as

Exhibit “E”, “E-1”, “E-2”, “E-3”, “E-4”, “E-5”, “E-
6”, “E-7”, “E-8”, and “E-9”;

III.2.6. Tally Sheet signed by Joseph A. Tuibuen as

Exhibit “F”;

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III.2.7. Seizure Order dated May 16, 2018 signed by
Felicisimo C. Escuadro, Jr. as Exhibit “G”, “G-1”,
“G-2”, “G-3”, “G-4”, and “G-5”; and

III.2.8. Photo Documentation of the actual

dismantling/ seizure and confiscation of the
bandsaws and its accessories, etc. owned and
operated by Mr. Oscar Obial located Poblacion
Norte, Don Carlos, Bukidnon on May 16, 2018 as
Exhibit “H”;

III.2.9. Photo Documentation of the seized six (6)

sets of band saw (heidrig), etc. as Exhibit “I”;

III.2.10. Photo Documentation of the actual seizure

and hauling of confiscated lumbers, etc. as
Exhibit “J”;

III.2.11. Photo Documentation of the turn-over for

custody/safekeeping to the 4ID 88IB TAC6 Camp
Compound based at Maramag, Bukidnon on May
16-17, 2018 as Exhibit “K”; and

III.2.12. Photo Documentation of the

seized/confiscated forklift as Exhibit “L”.

III.2.13. Spot Report of Apprehension of Vaiours

Minisawmill Equipment and Timber/Lumber from
Obial Minisawmill at Don Carlos, Bukidnon dated
May 17, 2018 signed by Felicisimo C. Escuadro,
Jr. as Exhibit “M”;

III.2.14. Detailed Report of the Apprehension/Seizure/

Confiscation of the Mini-Sawmill Equipments
and Accessories including Lumbers and Logbolts
within the Wood Processing Plant (WPP) owned
and operated by Mr. Oscar Obial located at
Poblacion Norte Don Carlos, Bukidnon dated
May 21, 2018 signed by Ferdinand P. Monleon,
Ronald Cahapay, among others, as Exhibit “N”;

III.2.15. Other Documentary Evidence Reserved.

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 III.3. Plaintiffs reserve the right to present any and all
documentary evidence which shall become relevant to rebut
Accused’s claims in the course of the trial as well as any
other witnesses whose testimony will become relevant to
warrant the granting of plaintiffs’ claims, if necessary.

IV. APPLICABLE LAWS

IV.1. The Rules of Court;

IV.2. The Revised Penal Code;

IV.3. Presidential Decree No. 705; and

IV.4. Applicable laws and jurisprudence.

V. HEARING DATES

V.1. Plaintiffs need at least six (6) hearing dates as can

be calendared by this Honorable Court.

RESPECTFULLY SUBMITTED.

Cagayan de Oro City (for Don Carlos, Bukidnon), July 15,

2019.

ATTY. PAULINE MAE P. ARANETA

Special Prosecutor for the DENR-10
Roll of Attorneys No. 67536
IBP Lifetime Member No. 017137/18 May 2017/Bukidnon
PTR No. 8420519A / 16 January 2019 / Bukidnon
Tax Identification Number 335-571-850-000
MCLE Compliance Certificate No. VI-0011694
 (+63) 917 793 0531  paulinearaneta@gmail.com
Department of Environment and Natural Resources-10
Puntod, Cagayan de Oro City
(088) 856-4541 |  denr10.legal@gmail.com