REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

DARAGA ALBAY

KIRSTEN C. SAZON
Plaintiff,

-versus- CIVIL CASE

NO.54304
for Collection of
Sum Money
based on
Bouncing
Checks with
Damages

GABRIELLE CJ LAGRIMAS
Defendant,
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

DEMURRER TO EVIDENCE

Defendants, through counsel, and to this Honorable Court respectfully

allege:

PREFATORY STATEMENT
The present Demurrer to Evidence is sanctioned by the Rule 33 of the Rules
of Court that the defendant may move for dismissal on the ground that upon the
facts and the law the plaintiffs has shown no right to relief they prayed for their
complaint:

GROUNDS RELIED UPON BY THE INSTANT DEMURRER TO

EVIDENCE

COME NOW, the accused by the undersigned counsel and unto this Honorable
Court, most respectfully aver that:
1. The Honorable City Prosecutor has already presented evidence for the
Prosecution and has formally rested its case. In accordance with the present rules on
civil procedure, herein accused now respectfully file this present Demurrer to
Evidence which is anchored on the following grounds:

a. The statement of the private complainant Kirsten Sazon and her witness Sean
Rosales do not coincide with the statements/testimony of Jessalyn Renolayan
who is the sole eye witness of the prosecution.

b. No notice of dishonored of the check was presented to the defendant.

c. No letter of demand was given to the defendant by the complainant.

d. The loan of the defendant was already paid before the filing of the
complaint.

2. Anent on the first ground, the complaint of the complainant Kirsten Sazon and
her witness, Sean Rosales is highly questionable and in fact inadmissible. The
plaintiff’s witness has no strong proof that the defendant Mr. Lagrimas and
his witness, Miss Renolayan does not appear in the house of Miss Sazon when
the latter was not around. The statement of Mr. Rosales, a neighbor of Miss
Sazon only proclaimed that he does not saw Mr. Lagrimas and his witness or
even his car during his visit at the house of Miss Sazon. Furthermore, the
silence at the house of Miss Sazon does not prove that there are no visitors
inside the house. This is clearly lack of evidence which once again constitutes
reasonable doubt.

3. Anent on the second ground, the documents marked Annex B-1, Annex B-2,
Annex B-3, Annex B-4, Annex B-5 are not a competent instruments in
punishing the defendant since it was proven that no notice of dishonored was
given to the defendant, this shows that the drawee bank, which is the LCB
Bank failed to issue the notice of dishonor to the drawer which is mandated
on their part. The LCB bank failed to do its duty and responsibility.

4. Anent on the third, the testimony of Kirsten Sazon on who issued the subject
letter of demand (Annex C) is clearly inadmissible as it was proven that no
letter of demand was given to the defendant. The Court asked the complainant
of a copy of a demand letter however, the complainant failed to present her
evidence. Therefore, Annex C is not a competent evidence to prove the
demand of the plaintiff towards the civil liability of the accused.

5. Anent on the fourth and final ground, it was proven in the court that the
obligation of the defendant was already extinguished before the filing of the
complaint. The defendant presented his full-payment letter and the testimony
of Miss Renolayan. It was also shown that there is a signature of Kiertsan
Sazon, the sibling of the complainant. The written date also matches the
testimony of the defendant and its witness.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that

this case be now dismissed due to lack of compelling evidence to
establish the guilt of the accused beyond reasonable doubt.

Such other reliefs just and equitable under the premises are likewise
prayed for.

Respectfully Submitted.

Daraga Albay, Philippines. July 10, 2024.

AYA MARQUEZ-CORTEZ
Counsel for the Accused
Yap Bldg., Rawis, Legazpi City
Roll No.: 12468
PTR No.: 1112345 06-27-2019 Legazpi City
IBP No.: 176184 06-27-2017 Legazpi City
MCLE Compliance No.: 547623 05-18-
2017

COPY FURNISHED:

HON. NADINE ESPELA

Assistant City Prosecutor
Office of the City Prosecutor of Legazpi
Legazpi City

Received by:________________
Date:_________________