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    Reso On Demurrer To Evidence

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    Lzl Bastes
    The court denied the accused's demurrer to evidence in a case of resistance and disobedience to an agent of authority. The prosecution presented sufficient evidence to prove the elements of the crime, including testimony from two police officers who identified the accused as the person shouting and challenging others to a fight, and who hit one of the officers when they responded to a call for assistance. While the accused agreed the officers were performing their duties, the court found the prosecution showed he went beyond merely resisting and seriously disobeyed the officers.

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    Reso On Demurrer To Evidence

    Uploaded by

    Lzl Bastes
    234 views2 pages
    The court denied the accused's demurrer to evidence in a case of resistance and disobedience to an agent of authority. The prosecution presented sufficient evidence to prove the elements of the crime, including testimony from two police officers who identified the accused as the person shouting and challenging others to a fight, and who hit one of the officers when they responded to a call for assistance. While the accused agreed the officers were performing their duties, the court found the prosecution showed he went beyond merely resisting and seriously disobeyed the officers.

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    Reso on Demurrer to Evidence

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    Reso on Demurrer to Evidence

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    The court denied the accused's demurrer to evidence in a case of resistance and disobedience to an agent of authority. The prosecution presented sufficient evidence to prove the elements of the crime, including testimony from two police officers who identified the accused as the person shouting and challenging others to a fight, and who hit one of the officers when they responded to a call for assistance. While the accused agreed the officers were performing their duties, the court found the prosecution showed he went beyond merely resisting and seriously disobeyed the officers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    234 views2 pages

    Reso On Demurrer To Evidence

    Uploaded by

    Lzl Bastes
    The court denied the accused's demurrer to evidence in a case of resistance and disobedience to an agent of authority. The prosecution presented sufficient evidence to prove the elements of the crime, including testimony from two police officers who identified the accused as the person shouting and challenging others to a fight, and who hit one of the officers when they responded to a call for assistance. While the accused agreed the officers were performing their duties, the court found the prosecution showed he went beyond merely resisting and seriously disobeyed the officers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    8th Judicial Region


    MUNICIPAL TRIAL COURT IN CITIES
    xxx
    PEOPLE OF THE PHILIPPINES,
    Plaintiff;

    Criminal Case No. xxx


    For:
    RESISTANCE AND DISOBEDIENCE TO
    AN AGENT OF A PERSON IN
    AUTHORITY UNDER ART. 151 OF THE
    REVISED PENAL CODE

    -versus-

    xxx
    Accused.
    x-------------------------------------------x

    RESOLUTION
    For resolution is a Demurrer to Evidence praying that this case be dismissed
    due to the following grounds:
    1.
    2.

    3.

    The prosecution failed to prove the elements of the crime of resistance and
    disobedience to an agent of a person in authority;
    The inability of the prosecution to produce hard factual evidence to
    corroborate its claim such as the police report/blotter in which the complainant
    himself is a police officer vis--vis the absence of any witnesses taken as a
    whole is indicative of the prosecutions frail and raw-cooked case against the
    accused;
    The prosecutions claim that accused hit the complainant in the lip in the
    course of its alleged resistance and disobedience cannot be proved considering
    that the doctor who examined the complainant did not testify as to its findings
    contained in the medico-legal report.

    Accused argues, that, while he agrees that at the time of the incident, the
    police officers were actively engaged in the performance of their official duties and
    functions, they, however, have wrongfully went beyond the borders of their
    authority when they arrested the wrong person who happens to have the same first
    name xxx.
    On the other hand, the prosecution counters that, when police officers xxx
    and xxx testified in this case, they personally saw the accused shouting and
    challenging anybody to a fight, and were in fact able to identify and point the
    accused in open court, as the same person they saw creating a commotion,
    delivered fistic blow and hit PINSP. xx and was subsequently arrested by said
    police officers.

    Page 1 of 2

    The Court finds that the People has presented sufficient evidence to prove all
    the elements of the crime as defined under Paragraph 1 of Article 151 of the
    Revised Penal Code, to wit:
    The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
    upon any person who not being included in the provisions of the preceding articles shall
    resist or seriously disobey any person in authority, or the agents of such person, while
    engaged in the performance of official duties.

    The Peoples evidence, if not overcome by the accused by contrary evidence,


    is sufficient to convict him of a crime.
    PINSP. xxx, in no uncertain terms, testified that he saw the accused shouting
    and challenging somebody to a fight, while SPO4 xxx likewise vowed that he saw
    the accused as drunk, very unruly and shouting invective words. The two police
    officers went to the place of incident in a response to a request for police assistance
    from a certain xxx. They tried to pacify the accused who instead of heeding them,
    arrogantly told them that he is not afraid of police officers and consequently
    delivered a fistic blow, hitting PINSP. xxx mouth.
    WHEREFORE, the Demurer to Evidence is denied for lack of merit.
    SO ORDERED.
    xxx

    xxx
    Presiding Judge

    Page 2 of 2

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