REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 16, MANILA

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM.CASE NO.08260565
- versus -

RODEL SILVA y CRECENCIO,

Accused.
x ------------------------------------- x

DEMURRER TO EVIDENCE
(With Leave of Court)

Accused, RODEL SILVA y CRECENCIO, through the

undersigned Public Attorney, unto this Honorable Court
respectfully pray for his ACQUITTAL on the ground that the
prosecution’s evidence is insufficient to prove the guilt of
the accused beyond reasonable doubt.

PREFATORY STATEMENT

"Let all accusers understand that they are

not to prefer charges unless they can be proven by
proper witnesses or by conclusive documents, or by
circumstantial evidence which amounts to
indubitable proof and is clearer than day." Roman
Law, Code, L. IV, T. XX, 1, 1. 25.

STATEMENT OF THE FACTS

Accused stands charged for the crime of robbery

under Criminal Case No. 08260565 allegedly committed as
follows:

Criminal Case No. 08260565

That on or about April 4, 2008, in the City of

Manila, Philippines, the said accused did then
and there willfully, unlawfully and
feloniously, with intent to gain and by means
of force, violence and intimidation upon
 person, to wit: by then and there boarding a
passenger jeepney and pretending to be a
passenger thereof and while cruising/plying
along Rizal Avenue corner Tambunting St., Sta.
Cruz, this City, suddenly anoucinf a hold-up
and simultaneously pointing a bladed weapon at
JOAN DE SILVA y SABAL and ELLEN ESPALDON y
RUELAN and forcibly divesting from the latter
the following items:
From JOAN DE SILVA y SABAL
Bag containing ladies wallet containing
cash money amounting to P400.00, uniform, ID’s,
necklace and ring worth Php 1,500.00 and ladies
accessories;

From ELLEN ESPALDON y RUELAN

Bag containing ladies wallet containing NBI
card, SSS ID, health card, cash money amounting
to Php 100.00, uniform and ladies accessories,

or all valued in the total amount of Php

2,000.00 belonging to said JOAN DE SILVA y
SABAL and ELLEN ESPALDON y RUELAN, then take,
rob and carry away the same against their will
and consent to the damage and prejudice of the
said owners in the aforesaid amount of
P2,000.00, Philippine currency. Contrary to
law.

When arraigned, accused entered a plea of Not Guilty to

the offense charged. After pre-trial conference was
terminated, trial commenced. The prosecution was able to
present only one witness, Police Officer Pimentel on Nov.
11, 2008.

ISSUE

WHETHER OR NOT THE EVIDENCE OF THE

PROSECUTION WAS ABLE TO OVERCOME THE PRESUMPTION
OF INNOCENCE OF THE ACCUSED AND PROVE HIS GUILT
BEYOND REASONABLE DOUBT.

DISCUSSION/ARGUMENT

Accused, through the undersigned Public Attorney, most

respectfully submits that he is entitled to acquittal as the
prosecution failed to present the quantum of evidence to
prove his guilt beyond reasonable doubt.
 The lone prosecution witness, when he testified, said
he had no personal knowledge regarding the incident which
led to the alleged robbery of the supposed victims. He only
knew of the incident because of the complainants’ report. On
cross examination, he admitted that he had no personal
knowledge of the incident.

Since the prosecution failed to adduce evidence that

would show that the accused committed the charged offense
beyond any reasonable doubt, the accused submits that he is
entitled to an acquittal.

x x x

P R A Y E R

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that this Demurrer to
Evidence be granted and the herein accused be acquitted of
the charges against him.
General relief is likewise prayed for.
City of Manila, Philippines. Jan. 19, 2009

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Manila District Office
4th Floor W. Godino Building
350 Arroceros Street
Ermita, Manila

By:

ATTY. JASON R. MIGRIÑO

NOTICE OF HEARING

The Branch Clerk of Court

RTC-Branch 16, Manila

ACP Eduardo Meneses Jr.

Office of the City Prosecutor
Manila

Greetings:

Please take notice that the undersigned will submit the forgoing
Demurrer to Evidence for the resolution and approval of this Honorable
Court immediately upon the filing thereof.

ATTY. JASON R. MIGRIÑO

Copy furnished:

ACP Eduardo Meneses Jr.

Office of the City Prosecutor
Manila