Professional Documents
Culture Documents
AAA,
Accused.
x--------------------------x
DEMURRER TO EVIDENCE
WITH ALL DUE RESPECT.
ACCUSED, through counsel unto this Honorable Court
respectfully moves for the dismissal of the instant case on
the ground that:
The prosecution failed to present sufficient evidence
for the conviction of the accused:
FACTS OF THE CASE
Accused
was
charged
for
the
crime
of
Reckless
Demurrer to Evidence
People vs. AAA
Crim. Case No. 1111
Page 2
waiting shed, in front of Municipal Compound of
Naguilian, la Union and mange without due regard
to traffic laws, rules and regulations and without
taking the necessary precautions to avoid injuries
to person and by such careless ness, negligence
and imprudence the aforesaid motorized tricycle
sideswept/bumped one ________ which caused his
death, to the damage and prejudice of his legal
heirs.
CONTRARY TO LAW.
San Fernando City, March 20, 20__.
Asst Provincial Prosecutor
Inquest Prosecutor
The prosecution presented several witnesses. And none
of them was an eyewitness to the alleged vehicular accident.
Police Officer _______ was put twice on the witness stand.
The first time he testified, he claimed that he was inside
the Police Station when he heard a loud noise.
The second time Police Office ___ was called, he tried
to testify otherwise, claiming that he was present when the
alleged vehicular incident happened, but failed to explain
his conclusion that the accused caused the incident subject
of the instant case.
ISSUES
WHETHER OR NOT THE PROSECUTION ADDUCED SUFFICIENT EVIDENCE
TO OVERCOME THE INNOCENCE OF THE ACCUSED.
Demurrer to Evidence
People vs. AAA
Crim. Case No. 1111
Page 3
DISCUSSION ARGUMENTS
The quantum of evidence needed for the conviction of
the
accused
is
proof
beyond
reasonable
doubt.
The
Officer
vehicular
____
was
incident.
not
an
Without
eyewitness
any
to
the
corroborative
Demurrer to Evidence
People vs. AAA
Crim. Case No. 1111
Page 4
the
testimony
of
Police
Officer
_________
Demurrer to Evidence
likewise
claimed
that
he
asked
bystanders,
but
actually
hearsay,
and
happened.
the
same
All
has
that
no
he
testified
probative
value.
to
was
Under
oral
or
documentary-is
hearsay
if
its
probative
Demurrer to Evidence
the
accused,
as
no
other
evidence
was
adduced
to
Page 7
The act of Police Officer Judy _________of changing his
previous
testimony
did
not
serve
to
bolster
the
makes
two
sworn
statements
and
these
two
sworn
act
of
testimony
giving
and
considerations
the
(US
false
court
vs.
testimony
should
Pala,
impeaches
exclude
et.
al.,
it
19
his
own
from
all
Phil.
190;
Mondragon vs. CA, et. al., L-35978 & 36069, Dec. 26, 1974.)
Moreover, in the case of People vs. Ricarte, et. al.
(44 O.G. 222), The Supreme Court ruled:
When
the
evidence
of
the
prosecution
consists of the uncorroborated testimony of a
lone witness, who had incurred in an unexplained
contradiction on an important detail and had
shown an attitude apparently inconsistent with
the truth of his testimony, it should not be
enough basis to convict the accused. The fact
that the prosecution, without explanation, failed
to call several witnesses, three mentioned in the
information and two others mentioned by the lone
witness, gives rise to the presumption that their
testimonies would not be favorable to the
prosecutions cause.
With all the foregoing, it is apparent that the quantum
of proof necessary to establish the guilt of the accused
beyond reasonable doubt has not been met. The accused cannot
therefore be convicted on mere suspicion, and speculations,
much
more
on
hearsay
testimonies,
as
the
same
are
inadmissible in evidence.
WHEREFORE,
premises
considered,
it
is
respectfully
Copy furnished:
Office of the Provincial Prosecutor
Bauang, La Union
Atty. OF BBB
Caba, La Union
EXPLANATION
The foregoing was filed and served through registered mail
due to distance.
Public Attorney II
AAA,
Accused.
x----------------------------------------------x
Atty.
Caba, La Union
EXPLANATION
The foregoing was filed and served through registered mail due to
distance.
Public Attorney II