SUBMITTED BY: STEPHANIE ERICA LOUISE RICAMONTE.

JD3D

REPUBLIC OF THE PHILIPPINES

Regional Trial Court
Branch 25
ILOILO CITY
-oOo-

ELIZA MONTMAYOR,
Complainant
CRIMINAL CASE NO. 59-0092

FOR: CONCUBINAGE
- versus -

ENRIQUE MONTEMAYOR and

CATHERINE RAMOS,
Accused

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

MOTION
(FOR LEAVE OF COURT TO FILE DEMURRER TO
EVIDENCE)

COMES NOW, the accused ENRIQUE MONTEMAYOR and CATHERINE

RAMOS, through counsel, unto the Honorable Court, most respectfully states:

1. That on June 25, 2022, accused, through the undersigned, received a

copy of the ORDER dated June 15, 2022 stating that the prosecution

formally offered their exhibits from Exhibit “A” to Exhibit “I” which

have been admitted by the Honorable Court as to the existence of the

same;

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SUBMITTED BY: STEPHANIE ERICA LOUISE RICAMONTE. JD3D

2. That herein accused desires to file DEMURRER pursuant to Section 23,

Rule 119 of the Rules of Court, hence, this Motion (For Leave of Court

to File Demurrer to Evidence) anchored on the following grounds;

3. That the examination of the evidence of the prosecution established that

it failed to prove the guilt of accused ENRIQUE MONTEMAYOR and

CATHERINE RAMOS, beyond reasonable doubt;

4. That there is dearth of evidence that accused committed the crime

charged against them; prosecution failed to prove the elements of

concubinage as alleged in the Information dated May 25, 2022;

5. That the sex scandal videos is false which resulted to no evidence

admitted that both of the accused actually committed the crime filed

against them during the marriage.

6. That the prosecution further failed to establish that both accused

unlawfully committed the crime of concubinage since the video

submitted do not confirm the allegations and is clear that is purely

speculative without any sound proof;

7. That private complainant herself admitted that during the hearing on July

20, 2022, that she knew of Mr. Enrique’s infedelity with Ms. Ramos and

being a man with dubious character before they were married;

8. That the insufficiency, if not incredibility, of the evidence presented by

the prosecution merits the outright dismissal of the instant case; and

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SUBMITTED BY: STEPHANIE ERICA LOUISE RICAMONTE. JD3D

prolonging the trial of this case based on incredible and hearsay evidence

would only cause injustice and damage to both accused who is compelled

to litigate herein.

WHEREFORE, premises considered, it is most respectfully prayed of

this Honourable Court that herein DEMURRER TO EVIDENCE be

GRANTED.

Other relief just and equitable are likewise prayed for.

Iloilo City, July 30, 2022.

MENDOZA & ASSOCIATES LAW OFFICE

Burgos Street, Mandurriao, Iloilo City, Philippines
Tel. No. (033) 901 9830

By:

ATTY. DOMINIQUE MENDOZA

PTR No. 4936910/03-06-2018/ILOILO CITY
IBP No. 786357/07-11/2018/ILOILO CITY
Attorney’s Roll No. 70298
Email address: dmendoza@gmail.com
MCLE Compliance No. IV-00162456/10-23-2017

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SUBMITTED BY: STEPHANIE ERICA LOUISE RICAMONTE. JD3D

NOTICE

The Clerk of Court

Regional Trial Court
Branch 6
Iloilo City

Atty. Joan Sobredo

Private Prosecutor
2nd Floor, AGT Building
Quezon Street, Iloilo City

Sir / Madam:

The undersigned would like to submit the foregoing Motion (For Leave of
Court to File Demurrer to Evidence) for the consideration and approval of the
Honorable Court on July 30, 2022 at 9:00 in the morning hereof.

Thank you.

ATTY. DOMINIQUE MENDOZA

Copy furnished:

Atty. Joan Sobredo

Private Prosecutor
2nd Floor, AGT Building
Quezo Street, Iloilo City

Registry Receipt:_____________

Date:______________________

EXPLANATION

(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

Personal filing cannot be effected upon Atty. Joan Sobredo at 2 nd Floor,

AGT Building Quezon Street, Iloilo due to the distance of the said address and the
office of the undersigned counsel, hence, a copy of this Motion (For Leave of
Court to File Demurrer to Evidence) is being filed upon Atty. Joan Sobredo
through registered mail with return card.

ATTY. DOMINIQUE MENDOZA