REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 27
MANILA
PEOPLE OF THE PHILIPPINES
Plaintiff,
- versus
PEDRO CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - Criminal Case No.: 07-14344

For: Violation of PD1866

DEMURRER TO EVIDENCE
The ACCUSED, by counsel, with leave of court previously obtained,
respectfully submits this Demurrer to the Prosecution's Evidence on
the ground that the prosecution has 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 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 prosecution has failed to adduce sufficient evidence of guilt
such as would 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. Concretely, 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 roof 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 be acquitted.
Wherefore, the accused respectfully prays that the Information against
him be dismissed and he be ACQUITTED of the crime charges.

City of Manila, Philippines, March 1, 2007.

STELLE VAILOCES-GO
Attorney for Accused

Attorneys Roll No. 54286 May 15, 1998

PTR No. 0040444 / 16 January 2012 / Makati City
IBP Lifetime Member No. 01984
O.R. NO. 511472 Issued on Aug. 24, 2000
Issued at IBP National Office, Pasig City
MCLE 2nd Compliance No. II 0012841 / 25 September 2011
MCLE 3rd Compliance No. III 0006255 / 23 June 2012
Both issued at MCLE Office, IBP Building, Pasig City

PROOF OS ERV
RECEIVED COPY this __
day of ________, 2007.Name of CounselCousel for Plaintiff / Defendant (adverse
party)Roll of Attorneys No. ______ IBP OR No. ______, issued on ______ at
_________.PTR OR No. ______, issued on ________ at ________
NOTICE OF HEARING
Name of counsel
Counsel for __(adverse party)__
Address:
Sir / Maam:

Please be informed that the undersigned counsel has set the

foregoing motion (or petition) for hearing on ______ at 8:30 a.m.
for the consideration of the Honorable Court or soon thereafter
as counsel may be heard.
Signature of Counsel
EXPLANATION
1
Copy of the foregoing complaint was served upon defendants counsel by
registered mail, personalservice not being practicable at the
present time, due to the messengerial constraints.

Copy furnished by personal service:

Pros. Jose P. Rodriguez
Assistant City Prosecutor Public Prosecutor
City Prosecution Office
Hall of Justice
Makati City
Received by:__________________________
Date Received:________________________

Reg. Receipt No._______________________

Copy furnished by registered mail due to distance: