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    Demurrer To Evidence Sample Form

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    steller0827
    - The accused, Pedro Cruz, is charged with violation of PD 1866 for unauthorized possession of a firearm. - The accused's attorney has submitted a Demurrer to Evidence, arguing that the prosecution has failed to present sufficient evidence to prove guilt beyond a reasonable doubt. - Specifically, the prosecution did not prove that the accused did not have a license to carry a firearm, which is necessary to establish a violation of PD 1866.

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    Demurrer To Evidence Sample Form

    Uploaded by

    steller0827
    6K views3 pages
    - The accused, Pedro Cruz, is charged with violation of PD 1866 for unauthorized possession of a firearm. - The accused's attorney has submitted a Demurrer to Evidence, arguing that the prosecution has failed to present sufficient evidence to prove guilt beyond a reasonable doubt. - Specifically, the prosecution did not prove that the accused did not have a license to carry a firearm, which is necessary to establish a violation of PD 1866.

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    Sample Form - Demurrer to Evidence

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    Demurrer to Evidence sample form

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    - The accused, Pedro Cruz, is charged with violation of PD 1866 for unauthorized possession of a firearm. - The accused's attorney has submitted a Demurrer to Evidence, arguing that the prosecution has failed to present sufficient evidence to prove guilt beyond a reasonable doubt. - Specifically, the prosecution did not prove that the accused did not have a license to carry a firearm, which is necessary to establish a violation of PD 1866.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    6K views3 pages

    Demurrer To Evidence Sample Form

    Uploaded by

    steller0827
    - The accused, Pedro Cruz, is charged with violation of PD 1866 for unauthorized possession of a firearm. - The accused's attorney has submitted a Demurrer to Evidence, arguing that the prosecution has failed to present sufficient evidence to prove guilt beyond a reasonable doubt. - Specifically, the prosecution did not prove that the accused did not have a license to carry a firearm, which is necessary to establish a violation of PD 1866.

    Copyright:

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

    REPUBLIC OF THE PHILIPPINES

    NATIONAL CAPITAL JUDICIAL REGION


    REGIONAL TRIAL COURT
    BRANCH 27
    MANILA
    PEOPLE OF THE PHILIPPINES
    Plaintiff,
    - versus
    PEDRO CRUZ,
    Accused.
    x - - - - - - - - - - - - - - - - - - - - - - - - - - - - Criminal Case No.: 07-14344

    For: Violation of PD1866

    DEMURRER TO EVIDENCE
    The ACCUSED, by counsel, with leave of court previously obtained,
    respectfully submits this Demurrer to the Prosecution's Evidence on
    the ground that the prosecution has failed to adduce sufficient
    evidence of his guilt to overcome the presumption of innocence and
    shift the burden of proof.
    1. Under the Constitution, the accused is presumed to be innocent
    until proven guilty. The effect of this presumption is that it
    entitles the accused to not say anything in his defense and places the
    burden directly on the prosecution to prove everything relative to his
    guilt. Thus, the prosecution must rely on strength of its evidence and
    not wait for the accused to offer any defense It is only in the event
    that the prosecution after resting its case has adduced sufficient
    evidence of guilt that the burden of proof shifts to the accused.
    2. The prosecution has failed to adduce sufficient evidence of guilt
    such as would shift the burden of proof.
    2.1 The accused is charged with violation of PD 1866; the gravamen of
    the offense is unauthorized possession of a firearm. Concretely, this
    means that the prosecution must prove that the accused had no legal
    authority to possess any firearm.
    2.2 The prosecution has failed to show that the accused had no license
    to carry a firearm. The proof of the negative element is indispensable
    to proof of a violation of PD 1866. Without roof of this negative
    element, the crime is not proven.
    3. Absent proof of the negative element, i.e absence of a license, the
    offense is not proven. The accused is innocent, he must be acquitted.
    Wherefore, the accused respectfully prays that the Information against
    him be dismissed and he be ACQUITTED of the crime charges.

    City of Manila, Philippines, March 1, 2007.

    STELLE VAILOCES-GO
    Attorney for Accused

    Attorneys Roll No. 54286 May 15, 1998


    PTR No. 0040444 / 16 January 2012 / Makati City
    IBP Lifetime Member No. 01984
    O.R. NO. 511472 Issued on Aug. 24, 2000
    Issued at IBP National Office, Pasig City
    MCLE 2nd Compliance No. II 0012841 / 25 September 2011
    MCLE 3rd Compliance No. III 0006255 / 23 June 2012
    Both issued at MCLE Office, IBP Building, Pasig City

    PROOF OS ERV
    RECEIVED COPY this __
    day of ________, 2007.Name of CounselCousel for Plaintiff / Defendant (adverse
    party)Roll of Attorneys No. ______ IBP OR No. ______, issued on ______ at
    _________.PTR OR No. ______, issued on ________ at ________
    NOTICE OF HEARING
    Name of counsel
    Counsel for __(adverse party)__
    Address:
    Sir / Maam:

    Please be informed that the undersigned counsel has set the


    foregoing motion (or petition) for hearing on ______ at 8:30 a.m.
    for the consideration of the Honorable Court or soon thereafter
    as counsel may be heard.
    Signature of Counsel
    EXPLANATION
    1
    Copy of the foregoing complaint was served upon defendants counsel by
    registered mail, personalservice not being practicable at the
    present time, due to the messengerial constraints.

    Copy furnished by personal service:


    Pros. Jose P. Rodriguez
    Assistant City Prosecutor Public Prosecutor
    City Prosecution Office
    Hall of Justice
    Makati City
    Received by:__________________________
    Date Received:________________________

    Reg. Receipt No._______________________


    Copy furnished by registered mail due to distance:

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