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Demurrer To Evidence

1. The accused is charged with illegal possession of firearms but the prosecution has failed to prove that the accused did not have a license to carry a firearm, which is a necessary element of the crime. 2. Without proof that the accused lacked a license, the offense has not been proven. 3. The accused requests that the case be dismissed due to lack of evidence to establish guilt beyond a reasonable doubt.

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411 views2 pages

Demurrer To Evidence

1. The accused is charged with illegal possession of firearms but the prosecution has failed to prove that the accused did not have a license to carry a firearm, which is a necessary element of the crime. 2. Without proof that the accused lacked a license, the offense has not been proven. 3. The accused requests that the case be dismissed due to lack of evidence to establish guilt beyond a reasonable doubt.

Uploaded by

CloieRj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Regional Trial Court-Branch 24
Bulwagan ng Katarungan
Maasin City, Southern Leyte

JUANA de la CRUZ, CIVIL CASE No. 128967


Plaintiff, FOR: ILLEGAL/UNLAWFUL
POSSESSION OF FIREARMS

-versus-

CRUZ D. JUAN,
Defendants.
x---------------------------------------------x

DEMURRER TO EVIDENCE

COME NOW, the accused by the undersigned counsel and


unto this Honorable Court, most respectfully aver that:

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 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.

3. 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.

4. 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.

5. This Motion is not intended for delay but solely due to the


foregoing reasons.
PRAYER

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.

Maasin City, Southern Leyte, Philippines, March 1, 2020.

ATTY. CLOIE ANNE C. SULLA


Counsel for the Accused.
Attys. Roll No. 51444/ 5-10-06
PTR No. 9005803/1-4-20 Maasin City
IBP O.R. NO. 0989528/01-04-20, Southern Leyte Chapter
MCLE COMPLIANCE NO.: V-0004454/11-12-2014 valid
until 11-12-2020

Copy furnished:

ATTY. Jackielyne C. Gaviola


Counsel for the defendant
2233 Brgy. Combado, Maasin City, Southern Leyte

Please take notice that counsel has requested for the approval
of this motion immediately upon receipt.

Atty. Cloie Anne C. Sulla

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