PRACTICUM I

MOTION FOR LEAVE OF COURT

TO FILE DEMURRER TO
EVIDENCE

DEMURRER TO EVIDENCE

GROUP 4

DELA CRUZ, JUNE MARK

MARCELO, GRECILDA

PAKURAN, GINA

TABAS, REGINE
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 8
BAGUIO CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff. CRIMINAL CASE No. 12345
FOR: Anti-Violence Against
-versus- Women and their Children

JOONG K. SONG,
Accused.
x-------------------------------------x

DEMURER TO EVIDENCE
WITH ALL DUE RESPECT TO THE HONORABLE COURT

The accused through the undersigned counsel most respectfully

manifests that he is filing the instant Demurrer to Evidence pursuant
to the Order of the Honorable Court dated September 16, 2017 and
received by the undersigned counsel on September 23, 2017. The
Honorable Court granted the Motion for Leave to File Demurrer to
Evidence filed by the accused through counsel and directed herein
accused to submit the announced demurrer to evidence within ten
(10) days from receipt of the Order. Hence the foregoing Demurrer to
Evidence. The Demurer to Evidence shall fall due on the 3rd day of
October, 2017. Thus, this pleading is timely filed.

FACTS OF THE CASE

The herein accused is charged with Violation of the Anti-

Violence Against Women and their Children with the information
dated August 19, 2017, which state the following:

The undersigned Prosecutor hereby accuses JOONG

K. SONG of the crime of violating Republic Act No. 9262, otherwise
known as the Anti-Violence Against Women and Their Children Act
of 2004, committed as follows:

1. That the accused willingly refused to provide financial

support to the private complainant and their child since
2004;
 2. That the accused was having an illicit relationship with a
woman other than the private complainant since
2005;

3. That the accused pointed a gun to the private complainant

in one of their arguments sometime in 2008;

4. That the accused cohabited with the woman whom he was

having a relationship with since 2008; and

5. That the accused attempted to kick the private

complainant sometime in 2009;

After the arraignment of the accused and the pre-trial, the state
presented its evidence. In between, the accused through counsel filed
an application for bail on August 26, 2017 citing the argument that
the evidence of the prosecution was weak. In its order dated
September 5, 2017, the Honorable Court issued an order granting the
application of accused for bail. The bail bond was fixed at Twenty Five
Thousand Peso (P 25, 000.00).

On September 10, 2017, the state furnished counsel for accused

with a copy of its Formal Offer of Documentary Exhibit but did file it
in court. Acting on the copy of the formal offer of exhibits by the state
which he received September 15, 2017, counsel for accused filed a
Motion for Leave to File Demurrer to Evidence. The Honorable Court
granted leave for accused to file demurrer to evidence, hence, the
foregoing demurrer.

DISCUSSION OF THE LEGAL AND FACTUAL BASIS OF

THE DEMURRER TO EVIDENCE

Demurrer to evidence is “an objection by one of the parties in

an action, to the effect that the evidence which is adversary produced
is insufficient in point of law, whether true or not, to make out a case
or sustain the issue. The party demurring challenges the sufficiency of
the whole evidence to sustain a verdict. To be considered sufficient
therefore, the evidence must prove: (a) the commission of the crime,
and (b) the precise degree of participation therein by accused.” 1

With all due respect, the state failed to prove that the accused
committed the crime. To be liable for Violation of R.A. No. 9262,
otherwise known as Anti-Violence Against Women and Children Act,
any of the following acts should be proven beyond reasonable doubt:
(a) physical violence; (b) sexual violence; (c) psychological violence ;
and (d) economic abuse. 2

1
Gutib vs. Court of Appeals, 371 Phil 293, 300, 305 (1999)
2
Section 3, R.A. 9262
 The discussion as to the factual and legal basis of this demurrer
shall be subdivided into (a) physical violence (b) psychological
violence; and (c) economic abuse, as alleged by the state in its
information.

A. PHYSICAL VIOLENCE

B. PSYCHOLOGICAL VIOLENCE

Psychological violence refers to acts or omissions causing or

likely to cause mental or emotional suffering of the victim such as but
not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to witness
the physical, sexual or psychological abuse of a member of the family
to which the victim belongs, or to witness pornography in any form or
to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common
children. 3

C. ECONOMIC ABUSE

CONCLUSION

On one hand, it is settled that in criminal prosecution, the state

has the burden to prove that all the elements of the crime charged. On
the other hand, the accused enjoys the constitutional presumption of
innocence. Accused through counsel most respectfully submits that
the state failed to discharge the burden of proving the guilt of the
accused beyond reasonable doubt. The testimonial and documentary
evidence introduced by the state are insufficient to overturn the
constitutional presumption of innocence accorded to the herein
accused.

WHEREFORE, premises considered, accused through the

undersigned counsel most respectfully pray of the Honorable Court to
GRANT the foregoing demurrer and to dismiss the case against the
herein accused.

Other relief, just and equitable under the premises is likewise

prayed for.

Baguio City, Philippines. September 25, 2017.

3
Section 3, par. C, RA 9262
 ATTY. JUNE MARK L. DELA CRUZ
Counsel for the Respondent
Unit 3, EDY Building, Kisad Road, Baguio City
IBP No. 12345 | 03/03/12 | Baguio
PTR No. 54321 | 03/03/12 | Baguio
Roll No. 98765 | 03/03/12
MCLE Compliance No. 56789 | 03/03/16

NOTICE OF HEARING
COPY FURNISHED & EXPLANATION AS TO MODE OF
FILING AND SERVICE

PROS. MARY THERESE GABRIELLE ESTIOKO

City Prosecutor
Baguio City, Philippines

Ma’am:

Please take notice that undersigned counsel will submit the foregoing
Demurrer to Evidence on September 29, 2017 at 2:00 o’clock in
the afternoon for the consideration of the Honorable Court sans
further oral arguments.

The foregoing motion was served personally with return card.

Thank you.

Atty. JUNE MARK L. DELA CRUZ