Sample Legal Form of a Motion for Leave Court to file Demurrer to the Evidence in a

criminal case in the Philippines

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
___ JUDICIAL REGION
BRANCH ____
______ City

PEOPLE OF THE PHILIPPINES,

Crim. Case No.
-versus-

JUAN DELA CRUZ,

Accused.
x--------------------x

MOTION FOR LEAVE OF COURT to file

DEMURRER TO THE EVIDENCE

Comes Now, Accused, through counsel, respectfully

states:

1. That the prosecution has presented its witnesses and has

formally offered its evidence;

2. That the admissibility of exhibits so offered had been

resolved in the order dated April 28, 2005 which was
received by the undersigned counsel on May 3, 2005;

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

the Evidence. 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;

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

WHEREFORE, it is respectfully prayed that the accused

be granted Leave of Court to file a Demurrer to the Evidence.

Davao City, Philippines, May __, 2005.

_______________
Counsel for the Accused

NOTICE OF HEARING
 Pros. ________________
The City Prosecutor’s Office

Please be notified that the undersigned has set the hearing of this motion for leave
of court for the consideration of the Honorable Court on ___________ at 8:30 am without
further oral argument and sans appearance of counsel.

Thank you.

__________________________
Name and signature of Counsel

Copy furnished:

Pros. _________
Office of the City Prosecutor