REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION QUEZON CITY,

BRANCH 103

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus

GIANNO BATONGBAKAL A.K.A. “MANONG” “MANONG G”, 39 years

old, married, Businessman, Provincial Address at 16 Tukuran Rd. Sultan Naga
Dimaporo, Lanao del Norte, and Presently residing at 75 Sulu St., New Era,
Quezon City

Accused.

X------------------------------------------------------------------------------------------------X

DEMURRER TO EVIDENCE

The accused through his undersigned counsel respectfully states that:

1. The Honorable City Prosecutor had already presented evidence for the
prosecution and had formally rested its case. In compliance with the Rules on
Criminal Procedure, the accused respectfully files this Demurrer to Evidence
which is based on the following grounds:

a. No Judicial Affidavit of the said Jacob Apay mentioned in their Joint Affidavit
of Arrest was presented to prove that he saw a suspicious person and reported the
alleged illegal possession of firearm to the police officers.

b. No other evidence such as witness, picture or video was presented to establish

the fact that the accused was slinging the firearm when the police officers arrested
the accused.

c. No other evidence such as video or witness was presented to prove their

statements that when they effected the arrest the police officers read his
constitutional rights.
2. With regard to the first ground, the plaintiffs stated that certain Jacob Apay
reported the incident to the police officers however there was no judicial affidavit
of Jacob Apay presented to prove that a suspicious person rode his tricycle and he
was carrying a bag which he believed contained firearm which caused Apay to
report the incident to the police. The prosecution could have sought and provided
his testimony if the said incident took place.

3. As to the second ground, the plaintiffs failed to prove that before they arrested
Gianno Batonbakal, he was slinging the firearm. The plaintiffs stated that the
firearm was slinging to the defendant’s arm while he was holding the bag which
was negated by the Judicial Affidavit of the defendant’s witness Estellita Mendoza
who testified that Gianno Batongbakal only found the bag in front of his shop on
the morning of January 27,2020 when he was about to open his hardware shop and
that he was hesitant to open the bag at first. That when he opened it he was
shocked to find out that it contained a firearm specifically the Grenade Rifle BT
M-76B-AVA0055-84 and that he immediately put it back to the bag for he was
surprised to find a firearm inside it.

3. Regarding the third ground, there was no video or picture that Gianno
Batongbakal was slinging the firearm prior to his arrest by the police officers. On
the contrary, the defense was able to provide a witness in the person of Estelita
Medoza, stating that the firearm was not slinging on Batongbakal’s arm prior the
arrest. Aditionally the footage of the CCTV was presented by the defense which
shows that when Batongbakal was arrested by the police officers the firearm was
not slinging to hs arm.

4. Anent the last ground, the prosecution was not able to prove that the accused
was informed of his constitutional rights. On the contrary the defense presented the
witness Estelita Mendoza who narrated that the three (3) police officers
approached Gianno Batongbakal and the police officers pointed their guns to
Batongbakal and ordered him to raise his hands which caused him to drop the bag
which contained the firearm. He was later on arrested. In the statement of the
witness there was no mention of informing the accused of his constitutional rights
which shows that the accused was not informed of the constitutional right.
 Wherefore premises considered, it is most respectfully prayed to this
honourable court that this case be dismissed for insufficiency of evidence to
establish the guilt beyond reasonable doubt of Gianno Batongbakal.

That other just and equitable reliefs under the premises are likewise prayed

for.

Respectfully Submitted.

Quezon City, Philippines, September 3, 2020.

ATTY. BELINDA CORONADAL

Lawyer-affiant
Counsel for Defendant
Coronadal Law Office, Unit 7,
Diamond Tower, Cubao,
Quezon City
Contact No. 9865377
Roll No. 04072018
P.T.R. No. A-08100651-9/3-2-2018
Quezon City

Copy furnished:

SPO2 RUEL RIGIL, PO4 JUDY NICOMEDES and PO2 JEFFREY

AGBAYANI
QCPD, District Special Operation Unit, Camp P/M Gen. Tomas B. Karingal,
Sikatuna Village, Quezon City.

THE BRANCH CLERK OF COURT

Regional Trial Court National Capital Judicial Region
Quezon City, Branch 103

THE HONORABLE ASSISTANT CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice, Quezon City
 By registered
mail.