Republic of the Philippines

Third Judicial Region

MUNICIPAL TRIAL COURT OF PULILAN
Province of Bulacan

PEOPLE OF THE PHILIPPINES,

-versus- CRIM. CASE NO. 19-11365

PMSG NOEL M. SAN PEDRO,

Accused,
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URGENT MOTION FOR LEAVE OF COURT TO FILE

DEMURRER TO EVIDENCE
Accused, by undersigned counsel, to this Honorable Court, most
respectfully aver:

1. During the hearing on March 4, 2024, the Honorable Court resolved the
oral formal offer of evidence of the prosecution. Accused have five (5)
days from the time of resolution on the formal offer of evidence by the
prosecution or until March 9, 2024, within which to move for leave to
file demurrer to evidence. Considering that the last day of filing fell on a
weekend, being a Saturday, the actual deadline is on the next working
day. Thus, this motion filed today by registered and electronic mail, is
timely;

2. Accused believes that the evidence against him is insufficient to prove

his guilt beyond reasonable doubt for the crime charged. The prosecution
has not established the existence of all elements of the crime of Other
Light Threats;

3. Accused prays for leave of court to file demurrer to evidence, by which

to secure a dismissal of the case against him, upon the following grounds,
among others:

a. The testimony of the prosecution’s sole witness presented failed

dismally to establish the corpus delicti or the elements of the
crime;

b. The admitted documentary evidence is insufficient to establish a

prima facie case against the accused.
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4. In the event the motion is granted, accused moves for ten (10) days
within which to submit the same.

PRAYER

WHEREFORE, premises considered, accused respectfully MOVES that

this Motion for Leave of Court to file their Demurrer to Evidence in the above-
entitled case.

Other reliefs just and equitable are likewise prayed for.

City of Malolos, Bulacan, to Pulilan, Bulacan, March 11, 2024.

MARIA ELEANOR J. EUSEBIO-CRUZ

Counsel for Accused
Rm. 7 G/F HBCC Annex Building,
Capitol Compound, City of Malolos, Bulacan
Roll of Attorney’s No. 51316
IBP No. 392657/01-03-2024
PTR No. 3096687/01-03-2024
MCLE Compliance No. VII-0030485/07-03-2023
E-mail Address: gie.euz@gmail.com
Mobile No. (044) 797-5961

Notice and Copy furnished:

OFFICE OF THE PROVINCIAL PROSECUTOR

City of Malolos, Bulacan

THE BRANCH CLERK OF COURT

MTC-Pulilan, Bualcan

Greetings!

Please take notice that the foregoing MOTION FOR LEAVE OF

COURT TO FILE DEMURRER TO EVIDENCE is being submitted for the
consideration and approval of the Honorable Court.

MARIA ELEANOR J. EUSEBIO-

CRUZ