Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
_____

PEOPLE OF THE PHILIPPINES,

CRIM. CASE NO. _____
-versus-
_____,
Accused.
x--------------------------x

MOTION FOR LEAVE OF COURT TO FILE DEMURRER TO

EVIDENCE

COMES NOW, ACCUSED ______, and unto this Honorable Court,

most respectfully states:

1. That the prosecution has presented its sole witness and has formally
offered its evidence;

2. That the admissibility of exhibits so offered has been resolved in the

order dated ______;

3. That the accused seeks leave of court to file a Demurrer to Evidence

in accordance with Section 23, Rule 119 of the Rules of Criminal
Procedure, on the ground that the evidence presented by the
prosecution is not sufficient to warrant a conviction of the guilt of
the accused beyond reasonable doubt, considering the utter failure of
the prosecution to present any proof that the accused received a
written notice of dishonor;

4. That the instant Motion is filed in good faith and not for the purpose
of delaying the proceedings of this case.

WHEREFORE, premised on the foregoing condition and in the highest

interest of justice, it is respectfully prayed that the accused be granted Leave
of Court to file a Demurrer to Evidence.

1
 NOTICE

The Branch Clerk of Court

Metropolitan Trial Court

Greetings!

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