REPUBLIC OF THE PHILIPPINES

_____________________ JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ___________
_________________

PEOPLE OF THE PHILIPPINES

Plaintiff,

- versus –

_____________________,

Accused.

x-----------------------------

Criminal Case No.: ___________ 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.
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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 _______, Philippines, ___________,____________.

_________________________________
Attorney for Accused
Attorney’s Roll No. ________ – _________________
PTR No. ____________ / _____________/ _______________City
IBP Lifetime Member No. ______________
O.R. NO. __________ – Issued on __________,________
Issued at IBP National Office, __________ City
MCLE 2nd Compliance No______________ / __________________
MCLE 3rd Compliance No. ______________ / ________________
Both issued at MCLE Office, IBP Building, ______________ City

PROOF OF SERVICE
RECEIVEDCOPYthis__day of ________, _______________.
Name of Counsel Cousel for Plaintiff / Defendant (adverse party) Roll of Attorneys No.
______ IBPORNo.______,issuedon______at_________.PTRORNo.______,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 ___________ for
the consideration of the Honorable Court or soon thereafter as counsel
may be heard.
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Signature of Counsel

EXPLANATION

Copy of the foregoing complaint was served upon defendant’s counsel by

registered mail, personal service not being practicable at the present
time, due to the messengerial constraints.

Copy furnished by personal service:

______________________________
Assistant City Prosecutor – Public Prosecutor
City Prosecution Office
Hall of Justice
______________________

Received by:__________________________

Date Received:________________________

Reg. Receipt No._______________________

Copy furnished by registered mail due to distance: