Professional Documents
Culture Documents
Republic of The Philippines
Republic of The Philippines
ORDER
On record is a Demurrer to Evidence filed by all accused except Ellaine Jasmine Ellazar.
Accordingly, these instant cases should be dismissed on the basis of the failure of the prosecution
to prove or establish the guilt beyond reasonable doubt of the offenses charged because the
evidence presented by the prosecution particularly the testimonies of all the witnesses namely
PCpl Felizar Laygo, Domingo Vacal, and Ramon Cheng are all hearsay.
The prosecution did not file any comment on the Demurrer to Evidence despite
opportunity given by the Court.
A judicious perusal of the record of the case as well as the allegation of the accused in
their Demurrer to Evidence reveals that at this stage of the proceedings it is best for the defense to
adduce or present evidence to show the accused’s innocence. The lack or absence of direct
evidence does not necessarily mean that the guilt of the accused cannot be proved by evidence
other than direct evidence. Circumstantial evidence, if sufficient, can support the absence of
direct evidence. It must be emphasized that this Resolution will not in any way prejudice the
result of the main case.
SO ORDERED.
/rjm