REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7TH Judicial Region
Branch 65, Talisay City

PEOPLE OF THE
PHILIPPINES,
Plaintiff,

- versus - Crim. Case No. TCR-2016-1300

For: Viol. of Sec. 5, Art. II of RA 9165

AMER JAMEL MALACO

BANTO, a.k.a. JADE,
Accused.
x ----------------------------- /

MOTION FOR LEAVE OF COURT TO FILE DEMURRER TO

EVIDENCE

Accused, through the undersigned counsel, unto this Honorable Court, most
respectfully moves for leave of court to file Demurrer to Evidence considering that
based upon the evidence presented by the prosecution, there is no sufficient basis to
establish a prima facie case to sustain the indictment or support a verdict of conviction.

Timeliness of the filing of the Motion for

Leave of Court to File Demurrer to Evidence

In the Order dated 31 May 2022 received by Accused through counsel on 06

June 2022, with the admission of the prosecution’s documentary and object evidence,
the prosecution has been declared to have rested its case. Pursuant to Section 23 of
the Rules of Court on Criminal Procedure, the defense has a 5-day period or until 13
June 2022 (since the 5th day, June 11, falls on a Saturday), within which to file the
subject Motion for Leave to file Demurrer to Evidence; hence, this Motion is filed on
time.

Grounds

The instant Motion for Leave is founded upon any or all of the following
grounds:

Page 1 of 4
 (1) On whether or not there was actually a Buy-bust Operation. The prosecution failed
to establish a valid buy-bust operation falling short in complying with the objective
test in determining the validity of a buy-bust operation as laid down in the case of
People v. Doria (301 SCRA 668). The buy-bust team hinges too much on the alleged
confidential informant, who was never presented so nobody could shed light on what
in reality transpired during the conduct of the purported buy-bust operation. On
material points, the testimonies of the PDEA officers are all incredible, inconsistent
and not in line with logic and basic human experience.

(2) On the Buy-bust team’s Non-compliance with Section 21 Article II of RA 9165. The
buy-bust team failed to prove that the integrity and evidentiary value of the items
allegedly seized from Accused were duly-preserved pursuant to the mandatory
requirements under Section 21, Article II of RA 9165 without any plausible
explanation. The marking, the inventory and the photographing of the seized items
were all done in the PDEA office, and the PDEA officers failed to give any acceptable
justification.

The foregoing matters shall be subsequently discussed further in detail in the

hereto attached Demurrer to Evidence.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court to grant the accused Motion for leave of court to file Demurrer to
Evidence and ultimately the hereto attached Demurrer to Evidence.

Other reliefs, just and equitable, are likewise prayed for.

RESPECTFULLY SUBMITTED.

11 June 2022, Talisay City, Philippines

PEREZ AND TAYURANG LAW OFFICES

Room 407, 4/F, Krizia Bldg.
Gorodo Avenue, Lahug, Cebu City
(032) 233-1476 / 0927-7366-388

MARIO P. TRINIDAD, JR.

Roll No. 65158
PTR NO. 900669 / 01.12.22/ Cebu
IBP OR NO. 207053/ 05.04.22/ Cebu
MCLE Compliance No. VII-0010026 / 02.15.22
Email Address: jay_r022388@yahoo.com
Page 2 of 4
 REQUEST

THE BRANCH CLERK OF COURT

RTC, Branch 65, Cebu City

GREETINGS:

Please submit the foregoing Motion for the kind consideration and
approval of the Honorable Court immediately upon receipt thereof.

MARIO P. TRINIDAD, JR.

NOTICE

OFFICE OF THE CITY PROSECUTOR

Hall of Justice
Talisay City, Cebu

GREETINGS:

Kindly take notice that the foregoing Motion be submitted for the kind
consideration and approval of the Honorable Court immediately upon receipt
thereof and sans further argument.

MARIO P. TRINIDAD, JR.

Copy furnished:

OFFICE OF THE CITY PROSECUTOR

Hall of Justice
Talisay City, Cebu

EXPLANATION

This Pleading was furnished to the opposing counsel and filed in

court thru email pursuant to pertinent provisions of AC 33-2020 and OCA
Circular No. 89-2020 and likewise due to lack of manpower or office staff to
effect personal service and filing.

MARIO P. TRINIDAD, JR.