Republic of the Philippines

REGIONAL TRIAL COURT

Region III
Branch 16, City of San Fernando

PEOPLE OF THE PHILIPPINES,
Plaintiff,

- versus - Criminal Case No. 10101
FOR: Violation of PD 1866

SIMON BELMONT,
Accused,
x ---------------------------------------------- x

URGENT MOTION TO ACQUIT BY WAY OF DEMURRER TO THE PROSECUTIONS EVIDENCE


THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer to
the Prosecutions Evidence on the ground that the prosecution has patently 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 the weight of its evidence and not merely 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 that would effectively 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. Suffice to say, 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 proof 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, thus, be acquitted as the procedure of law so provides.










PRAYER

WHEREFORE, the accused most respectfully prays to the Honorable Court that the Information
against him be DISMISSED and that he be ACQUITTED of the crime charged.

City of San Fernando; 26 September 2012.

(Sgd.) Atty. Rommelito Francisco E. Macarayo
Counsel for the Accused
13-69 Barracks Building, Marikina
IBP NO. 87123-7/19/12-AC
PTR NO. 669913/21/12-AC
Roll No. 99998
MCLE Exempt
(Admitted to the bar: April 6, 2012)

NOTIFICATION AND COPY FURNISHED:

ANTONIO ANTONIO L. SANTOS
City Prosecutor
City of San Fernando
Pampanga

The Branch Clerk of Court
RTC Branch 16
City of San Fernando
Pampanga

Greetings!

Please submit the foregoing for the consideration and resolution of the Honorable
Court immediately upon receipt hereof.

Atty. Rommelito Francisco E. Macarayo



EXPLANATION

The foregoing Urgent Motion to Discharge an Accused to be a State Witness is being filed with
this Honorable Court and served on the opposing counsel by registered mail in view of the impracticability
of personal filing and service due to distance considering that the office of this Honorable Court is at the
City of San Fernando, while undersigned counsel holds office in Marikina.


Atty. Rommelito Francisco E. Macarayo

COPY FURNISHED:

Atty. Antonio Antonio L. Santos
City Prosecutor
City of San Fernando
Pampanga