21 Motion To Demurrer To Evidence.docx

REPUBLIC OF THE PHILIPPINES 6TH JUDICIAL REGION MUNICIPAL TRIAL COURT IN CITY Branch 2 Iloilo City DOS A. MARIAS Complainant, versus

For: Slight Physical Injuries

TRES A. MARTIRES Accused. x - - - - - - - - - - - - - - - - - - - - - - - -x

DEMURER TO EVIDENCE NOW COMES the Accused, by his undersigned counsel, to this Honorable Court and most respectfully avers: 1. That the Prosecution has already presented evidence for the Prosecution and has formally rested its case. In accordance with the present rules on criminal procedure, herein accused now respectfully file this present Demurrer to Evidence which is anchored on the following grounds: a) The statements/testimony of private complainant Dos A. Marias do not coincide with the statements/testimony of Uno A. Solo who is the sole eye witness for the prosecution; b) No medical evidence was introduced to establish that private complainant Dos A. Marias for the physical injuries. 2. Concerning on the first ground, the accusatory affidavit (Exhibit “A”) of private complainant Dos A. Marias, is highly questionable and in fact inadmissible as said complainant herself testified in open court that different from what he stated in his affidavit on February 1, 2023.

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a. We compared closely to the affidavit (Exhibit “B”) of witness Uno A. Solo, both affidavits lose their credibility entirely as they clearly appear to be in obvious conflict with each other. More specifically, the two (2) subject affidavits when compared on face value show the following conflicting version: b. Complainant Dos A. Marias stated that in his affidavit (exhibit “A”) that he was been punched three times over the place when he approaches the accused while witness Uno A. Solo stated in his affidavit (exhibit “B”) that the Complainant Dos A. Marias was accidentally fell down the foot walk while approaching the accused and had been unconscious for at least five (5) seconds before moved and get up. 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. Iloilo City, Iloilo, Philippines February 21, 2023.

ATTY. ANDREA B. DELOVIAR Notary Public Notarial Commission valid until 12/31/2023 Roll of Attorney’s No. 743440 PTR No. 14344-000 Iloilo City 12/31/2023 IBP No. 123-54321 Iloilo City 12/31/2023 MCLE Compliance No. IV-01220-2020 Doc. No. 21; Page No. 5; Book No.1; Series of 2023 2 of 2