REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH X
FOURTH JUDICIAL REGION
BALAYAN, BATANGAS

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - CRIMINAL CASE NO. 9122

FOR: VIOLATION OF ART. II

SECTION 11 PAR. 2 IN
REL. TO SEC. 13 OF RA
9165

BILLY REY DE LEON y DELA PEÑA

@ “BONG”, ALEJANDRO BUGTONG
JR. y YMATA @ “ANDONG” and
TERESITA OBAL y QUIBOLOI @
“DARNA/TESS”,
Accused.
X-------------------------------x
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,

- versus - CRIMINAL CASE NO. 9123

FOR: VIOLATION OF ART. II

SECTION 12 IN REL. TO
SEC. 14 OF RA 9165

BILLY REY DE LEON y DELA PEÑA

@ “BONG”, ALEJANDRO BUGTONG
JR. y YMATA @ “ANDONG” and
TERESITA OBAL y QUIBOLOI @
“DARNA/TESS”,
Accused.
X-------------------------------x

MOTION TO ACQUIT ACCUSED BY WAY OF DEMURRER

TO EVIDENCE
 COMES NOW the accused, Billy Rey de Leon and Teresita
Obal, through the undersigned counsel, by virtue of the rights
accorded to the accused under Section 23 of Rule 119 of the Rules
of Court, and unto this Honorable Court most respectfully submits
this Demurrer to Evidence and moves to dismiss the above
captioned cases on the ground of insufficiency of evidence.

The following were the two (2) sets of information filed with
this Honorable Court, and their respective accusatory portions
read:

Crim. Case No. 9122

(For: Violation of Sec. 11 par. 2 in rel. to par. 13, Art. II of
R.A.9165)

That on or about the 24 th day of January, 2019

at about 4:50 o’clock in the afternoon, at Sitio
Cawong Barangay Pantay, Municipality of Calaca,
Province of Batangas, Philippines, and within the
jurisdiction of this Honorable Court the above named
accused, conspiring and confederating together,
acting in common accord and mutually helping each
other, without authority of law, did then and there
willfully, unlawfully have in their possession, custody
and control, two (2) heat-sealed transparent plastic
sachets referred to as specimens A-1 (“AGM/PP”) and
Specimen A-2 (“AGM/PP1”), in Chemistry Report No.
BD-112-2019, each containing Methampetamine
Hydrochloride commonly known as Shabu, with a
total weight of 7.90 grams, a dangerous drugs.

CONTRARY TO LAW.

Crim. Case No. 9123

(For: Violation of Sec. 12 in rel. to Sec. 14, Art. II of
R.A.9165)

That on or about the 24 th day of January, 2019

at about 4:50 o’clock in the afternoon, at Sitio
Cawong Barangay Pantay, Municipality of Calaca,
Province of Batangas, Philippines, and within the
jurisdiction of this Honorable Court the above named
accused, conspiring and confederating together,
 acting in common accord and mutually helping each
other, without authority of law, did then and there
willfully, unlawfully have in their possession, custody
and control two (2) folded aluminum foil strips and
three (3) unsealed transparent plastic sachets all
containing traces of shabu referred to as specimens B-
1 (“AGM/PP3”), B-2 (AGM/PP4”), and D
(“ADM/PP10”), respectively, in Chemistry Report No.
BD-112-2019, drug paraphernalia fit or intended to be
used for smoking, consuming, administering,
injecting, ingesting, or introducing any dangerous
drugs into the body.

CONTRARY TO LAW.

Both the accused, Billy Rey De Leon and Teresita Obal,

pleaded “Not Guilty” to the charges. The Prosecution presented
PSSg Arwin Gatdula Mercado and Psgt Jennelyn Matira. The
investigator of the case was not presented to testify. Stipulations
were made as to testimony of the Forensic Chemist and the
necessary qualifications were provided for by the defense counsel.

ISSUE

Whether or not the Prosecution has presented their evidence

sufficient to overcome the presumption of innocence of the
accused as regards the offense allegedly committed by both the
accused under Republic Act No. 9165.

ARGUMENTS

WHEREFORE, premises considered it is respectfully

prayed before this Honorable Court that the accused be acquitted
of the crime charged against him for reasons presented above.

Other reliefs are also prayed for.

Respectfully submitted.

Balayan, Batangas, January 9, 2020.

 PUBLIC ATTORNEY’S OFFICE
Department of Justice
BALAYAN, BATANGAS DISTRICT
OFFICE
Hall of Justice, Tolentino Blvd.,
Balayan, Batangas
Counsel for the Accused

BY:

MYRAFLOR L. CHAVEZ
Public Attorney II

The Clerk of Court

Regional Trial Court
Br. X, Balayan, Batangas

GREETINGS:

Please take notice that on January 27, 2020 at 8:30 o’clock in

the morning or at any time most convenient to this Court, let the
foregoing Motion to Acquit by Way of Demurrer to Evidence be set
for hearing as the undersigned will ask the Court to consider and
approve the foregoing motion.

ATTY. MYRAFLOR L.
CHAVEZ

COPY FURNISHED:

Office of the Prov’l Prosecutor

Balayan, Batangas