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People of The Philippines, Plaintiff

The accused Freddy Baron Revilla submitted a demurrer to evidence arguing that: (1) the prosecution failed to prove the charges of rape against him beyond reasonable doubt; (2) the testimony of the private complainant's mother was not credible; and (3) it was physically impossible for the accused to be at the scene of the crime. The demurrer requests that the criminal charge be dismissed due to insufficient evidence to sustain the charges. A hearing on the demurrer is scheduled for October 30th at 10:00 AM.

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Diane Julian
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707 views3 pages

People of The Philippines, Plaintiff

The accused Freddy Baron Revilla submitted a demurrer to evidence arguing that: (1) the prosecution failed to prove the charges of rape against him beyond reasonable doubt; (2) the testimony of the private complainant's mother was not credible; and (3) it was physically impossible for the accused to be at the scene of the crime. The demurrer requests that the criminal charge be dismissed due to insufficient evidence to sustain the charges. A hearing on the demurrer is scheduled for October 30th at 10:00 AM.

Uploaded by

Diane Julian
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH 53
Makati City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus – Criminal Case No. 012345

FREDDY BARON REVILLA,


(Barangay West Rembo, Makati City),

Accused

x ----------------------------------------------- x

DEMURRER TO EVIDENCE

The Accused FREDDY BARON REVILLA, through the undersigned


counsel, most respectfully submits its Demurrer to Evidence and avers:

BASIS FOR THE DEMURRER

It is incumbent upon the prosecution to adduce evidence sufficient to


prove beyond reasonable doubt (a) the commission of the crime. The charges
against an accused must be dismissed if there is no competent or sufficient
evidence adduced that would sustain the charges against him, and the same
should be raised in a demurrer to the evidence. Section 23, Rule 119 of the
Revised Rules of Criminal Procedure provides:

“Sec. 23 After the prosecution rests its case, the court may dismiss the
action on the ground of insufficiency of evidence (1) on its own initiative after
giving the prosecution the opportunity to be heard or (2) upon demurrer to
evidence filed by the accused with or without leave of court.
x x x”

It is well-settled rule that conviction for a criminal offense should be


based on clear and positive evidence and not on mere assumption. (Gaerlan
vs. CA 179 SCRA 20). The burden lies upon the prosecution to prove the guilt
of the accused beyond reasonable doubt rather that upon the accused to prove
that he is in fact innocent. (People vs. Lati, 184 SCRA 336). Failing in this, the
presumption of innocence will prevail. (Sec. 1 (a) Rule 115).

ARGUMENTS/DISCUSSION

The first witness of the prosecution, the private complainant’s mother,


MS. ARMINA A. REVILLA was not credible. Her statement on behalf of her
child shows ill motive to extort money from the accusation as the allegations is
without any strong evidence to support. It can also be pointed out the physical
impossibility of presence of the accused at the scene of the crime at the time of
commission thereof as the plaintiff was not alone in her room for being
impossible to not to caught or be heard by anybody in the house.

This being said, the prosecution failed to prove the guilt of the accused
beyond reasonable doubt. There being no other evidence presented, the
charges against the accused must be dismissed if there is no competent or
sufficient evidence adduced that would sustain the charges against him.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the
Honorable Court that this Demurrer to Evidence be granted and that the
criminal charge of Rape against the accused FREDDY BARON REVILLA be
DISMISSED.

Other reliefs, just and equitable, are likewise prayed for.

Makati Philippines, October 21, 2021.

By:

MAE G. SANGANGBAYAN
Roll of Attorneys No. 1234
IBP No. 666666, 07 January 2021,
Quezon City PTR No. 777777, 07
January 2021, Quezon City
MCLE Compliance No. V-0353543,
12 April 2019
NOTICE OF HEARING

THE BRANCH CLERK OF COURT


REGIONAL TRIAL COURT
BRANCH 53, MAKATI

Please submit the foregoing demurrer to evidence to the court for its
consideration and approval immediately upon receipt hereof and kindly include
the same in the court’s calendar for hearing on 30th of October 2021 at 10:00
in the morning.

Atty. Mae G. Sangangbayan


Counsel for the Accused

Copy furnished:

Hon. Pedro Santos


Office of the prosecutor
City Hall of Makati

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