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    Demurrer To Evidence

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    Van Vai Yngwie Ramos
    The document is a demurrer to the prosecution's evidence filed by the defense counsel for Barry Pakyaw Y Cantuba, who is charged with rape. [1] The defense argues that the prosecution has failed to meet its burden of proof to show that the sexual intercourse was non-consensual. [2] Specifically, the medical report found no injuries on the complainant indicating force or struggle, which contradicts her statement that she was assaulted. [3] Without evidence that force or threat was used, an essential element of rape is not proven, so the accused should be acquitted.

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    Demurrer To Evidence

    Uploaded by

    Van Vai Yngwie Ramos
    141 views3 pages
    The document is a demurrer to the prosecution's evidence filed by the defense counsel for Barry Pakyaw Y Cantuba, who is charged with rape. [1] The defense argues that the prosecution has failed to meet its burden of proof to show that the sexual intercourse was non-consensual. [2] Specifically, the medical report found no injuries on the complainant indicating force or struggle, which contradicts her statement that she was assaulted. [3] Without evidence that force or threat was used, an essential element of rape is not proven, so the accused should be acquitted.

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    Demurrer to Evidence

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    The document is a demurrer to the prosecution's evidence filed by the defense counsel for Barry Pakyaw Y Cantuba, who is charged with rape. [1] The defense argues that the prosecution has failed to meet its burden of proof to show that the sexual intercourse was non-consensual. [2] Specifically, the medical report found no injuries on the complainant indicating force or struggle, which contradicts her statement that she was assaulted. [3] Without evidence that force or threat was used, an essential element of rape is not proven, so the accused should be acquitted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    141 views3 pages

    Demurrer To Evidence

    Uploaded by

    Van Vai Yngwie Ramos
    The document is a demurrer to the prosecution's evidence filed by the defense counsel for Barry Pakyaw Y Cantuba, who is charged with rape. [1] The defense argues that the prosecution has failed to meet its burden of proof to show that the sexual intercourse was non-consensual. [2] Specifically, the medical report found no injuries on the complainant indicating force or struggle, which contradicts her statement that she was assaulted. [3] Without evidence that force or threat was used, an essential element of rape is not proven, so the accused should be acquitted.

    Copyright:

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

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    FIRST JUDICIAL REGION
    BRANCH ______
    BAGUIO CITY

    THE PEOPLE OF THE PHILIPPINES


    Plaintiff,

    -versus-
    Crim. Case No. 1764
    For: Rape

    BARRY PAKYAW Y CANTUBA,


    Accused,
    x-------------------------------------x
    DEMURRER TO PROSECUTION’S 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 guild. Thus, the prosecution must rely on the strength of its evidence and not wait
    for the accused to offer any evidence. 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 as would shift
    the burden of proof.
    2.1 The accused is charged with the crime of rape under Art. 266-A(1)(a) of
    the Revised Penal Code. The gravamen of the offense is that the sexual intercourse
    was made through force, threat or intimidation of which the prosecution must
    prove.
    1
    2.2 The medico legal report fails to establish that the private
    complainant Maria Cruz sustained injuries.
    The only findings from the medico legal report (Exhibit “D”) of Dr.
    Vivian Kho states of deep lacerations and vaginal admittance of examining
    finger. It only proves the existence of sexual intercourse. There is no showing
    that such sexual intercourse was made through force which is contrary to the
    judicial affidavit (Exhibit “A”) of Maria Cruz stating that she was pushed
    against the wall, her head was hit, and was embraced tightly.
    There were no findings of any abrasions, lesions or any injuries
    indicating that a struggle between the offended party and the accused such
    as the means employed by the offended party in defending herself nor the
    force made by the accused in the commission of the offense.
    3. Absent proof of the element of rape, where the sexual intercourse was made
    through the use of force, threat or intimidation, the offense is not proven. The accused is
    innocent and should be acquitted.

    WHEREFORE, premises considered, it is most respectfully prayed that this case


    be now dismissed due to lack of compelling evidence to establish the guilt of the accused
    beyond reasonable doubt.
    Such other reliefs just and equitable under the premises are likewise prayed for.
    Respectfully Submitted.
    Baguio City, Philippines. October 5, 2019.

    ATTY. RAMON B. SANTOS


    Room 6, Novotel Building, Perdices St.,
    Baguio City
    PTR No. 123; Mar. 31, 2016,
    IBP No. 123; Mar. 31, 2016,
    Roll NO. 123; May 2, 2012
    Tel No. (035) 226-1234
    MCLE No. 12345; May 10, 2013
    COUNSEL FOR THE ACCUSED

    2
    Copy furnished through personal service to:
    CAMILA H. GERONA
    Assistant City Prosecutor
    PPO, Baguio City

    Received by : _________
    Date : _________

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