REPUBLIC OF THE PHILIPPINES

Supreme court
MUNICIPAL TRIAL COURT OF
OF ILIGAN CITY
Province of Lanao Del Norte
Tubod, Iligan City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 111

Complainant, FOR: SLIGHT PHYSICAL INJURIES
-versus-
JUAN DELA CRUZ,
Accused.
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COMMENT/ OPPOSITION
TO DEMURER TO EVIDENCE

The PROSECUTION, unto this Honorable Court, most respectfully states

that:

1. The undersigned prosecutor received the Demurrer to Evidence of the

accused on February 11, 2023, thus giving the prosecution until February
16, 2023 to file its comment.

2. In the said Demurrer to Evidence, the accused allege that the instant case
should be dismissed because.

3. The position of the accused is without merit.

4. First, the accused focus on the fact that the private complainant the
accusatory affidavit of private complainant Maria Clara is highly
questionable.

5. Second, the accused questions why statement of witness Camel Kuzan

did not corroborate the statement of the complainant Maria Clara.

6. All told, the credibility of witness are beyond question as their

testimonies are compatible with human knowledge, observation and
common experience of man.

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7. The rest of the testimonies questioned the accused are matters involving
minor inconsistencies pertaining to details of immaterial nature that do not
tend to diminish the probative value of the testimonies at issue.
The Supreme Court rules on this subject in Avelino v. People, to wit:

“Given the natural frailties of the human mind and its incapacity
to assimilate all material details of a given incident, slight
inconsistencies and variances in the declarations of a witness hardly
weaken their probative value. It is well settled that immaterial and
insignificant details do not discredit a testimony on the very material
and significant point bearing on the very act of accused-appellants”

8. Based on the above discussion, the accused clearly do not have any basis
to state that the prosecution’s evidence is insufficient to establish his guilt
beyond reasonable doubt.

9. Contrary to the claim of the accused, the prosecution was able to paint
and prove the complete picture surrounding the instant case It is now the
turn of the accused to prove their side on the matter.

PRAYER
WHEREFORE, the Prosecution respectfully prays that the
Demurrer to Evidence of the accused be denied for lack of merit.

(signed)
GREGORIO DEL PILAR
Assistant City Prosecutor
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G.R. No. 181444               July 17, 2013