TIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT

BRANCH 27
MANILA

PEOPLE OF THE PHILIPPINES

Plaintiff,

- versus –

PEDRO CRUZ,

Accused.

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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
Attorney’s 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
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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 / Ma’am:

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 defendant’s 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: