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    Motion For Leave To File Demurrer To Evidence (Mahilum)

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    Mario Jr Trinidad
    The accused, Bryan Homecillo Mahilum, filed a Motion for Leave of Court to File Demurrer to Evidence in response to a criminal case against him for violations of the Comprehensive Dangerous Drugs Act of 2002. The motion argues that the prosecution failed to establish a prima facie case based on issues with evidence preservation from the alleged buy-bust operation and questions around the veracity of the operation. The accused requests the court grant the motion to file a Demurrer to Evidence and any other just relief.

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    Motion For Leave To File Demurrer To Evidence (Mahilum)

    Uploaded by

    Mario Jr Trinidad
    123 views4 pages
    The accused, Bryan Homecillo Mahilum, filed a Motion for Leave of Court to File Demurrer to Evidence in response to a criminal case against him for violations of the Comprehensive Dangerous Drugs Act of 2002. The motion argues that the prosecution failed to establish a prima facie case based on issues with evidence preservation from the alleged buy-bust operation and questions around the veracity of the operation. The accused requests the court grant the motion to file a Demurrer to Evidence and any other just relief.

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    Motion for Leave to File Demurrer to Evidence (Mahilum)

    Original Title

    Motion for Leave to File Demurrer to Evidence (Mahilum)

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    The accused, Bryan Homecillo Mahilum, filed a Motion for Leave of Court to File Demurrer to Evidence in response to a criminal case against him for violations of the Comprehensive Dangerous Drugs Act of 2002. The motion argues that the prosecution failed to establish a prima facie case based on issues with evidence preservation from the alleged buy-bust operation and questions around the veracity of the operation. The accused requests the court grant the motion to file a Demurrer to Evidence and any other just relief.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    123 views4 pages

    Motion For Leave To File Demurrer To Evidence (Mahilum)

    Uploaded by

    Mario Jr Trinidad
    The accused, Bryan Homecillo Mahilum, filed a Motion for Leave of Court to File Demurrer to Evidence in response to a criminal case against him for violations of the Comprehensive Dangerous Drugs Act of 2002. The motion argues that the prosecution failed to establish a prima facie case based on issues with evidence preservation from the alleged buy-bust operation and questions around the veracity of the operation. The accused requests the court grant the motion to file a Demurrer to Evidence and any other just relief.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    7TH Judicial Region
    Branch 16, Cebu City

    PEOPLE OF THE
    PHILIPPINES,
    Plaintiff,
    Crim. Case No. R-CEB-16-05496-CR
    For: Viol. of Sec. 11, Art. II of RA
    - versus - 9165

    Crim. Case No. R-CEB-16-05497-CR


    For: Viol. of Sec. 5, Art. II of RA 9165
    BRYAN HOMECILLO
    MAHILUM,
    Accused.
    x ----------------------------- /

    MOTION FOR LEAVE OF COURT TO FILE DEMURRER TO


    EVIDENCE

    ACCUSED BRYAN HOMECILLO MAHILUM, through the undersigned


    counsel, unto this Honorable Court, most respectfully moves for leave of court to file
    Demurrer to Evidence considering that based upon the evidence presented by the
    prosecution, there is no sufficient basis to establish a prima facie case to sustain the
    indictment or support a verdict of conviction.

    Timeliness of the filing of the Motion for


    Leave of Court to File Demurrer to Evidence

    In the Order dated 05 July 2022 received by Accused through counsel on 06


    July 2022, with the admission of the prosecution’s documentary and object evidence,
    the prosecution has been declared to have rested its case.

    Pursuant to Section 23 of the Rules of Court on Criminal Procedure, the


    defense has a 5-day period or until 11 July 2022, within which to file the subject
    Motion for Leave to file Demurrer to Evidence; hence, this Motion is filed on time.

    Grounds

    The instant Motion for Leave is founded upon any or all of the following
    grounds:

    Page 1 of 4
    (1) On the Buy-bust team’s Non-compliance with Section 21 Article II of RA 9165.
    Without any plausible explanation, the buy-bust team failed to prove that the integrity
    and evidentiary value of the items allegedly seized from Accused were duly-preserved
    pursuant to the mandatory requirements under Section 21, Article II of RA 9165,
    more specifically on the jurisprudential rule that the presence of the insulating
    witnesses have to be secured not only during the inventory but more importantly at
    the time of the warrantless arrest.

    (2) On the Veracity of the Buy-bust Operation. The prosecution failed to establish a
    valid buy-bust operation falling short in complying with the objective test in
    determining the validity of a buy-bust operation as laid down in the case of People v.
    Doria (301 SCRA 668) inasmuch as the poseur-buyer is unable to shed light on the
    entire details of the purported transaction.

    The foregoing matters shall be subsequently discussed further in detail in the


    Demurrer to Evidence attached hereto as Annex “1”.

    PRAYER

    WHEREFORE, premises considered, it is most respectfully prayed of this


    Honorable Court to grant the accused Motion for leave of court to file Demurrer to
    Evidence and ultimately the hereto attached Demurrer to Evidence.

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

    RESPECTFULLY SUBMITTED.

    11 July 2022, Cebu City, Philippines

    PEREZ AND TAYURANG LAW OFFICES


    Room 407, 4/F, Krizia Bldg.
    Gorodo Avenue, Lahug, Cebu City
    (032) 233-1476 / 0927-7366-388

    MARIO P. TRINIDAD, JR.


    Roll No. 65158
    PTR NO. 900669 / 01.12.22/ Cebu
    IBP OR NO. 207053/ 05.04.22/ Cebu
    MCLE Compliance No. VII-0010026 / 02.15.22
    Email Address: [email protected]

    Page 2 of 4
    REQUEST

    THE BRANCH CLERK OF COURT


    RTC, Branch 16, Cebu City

    GREETINGS:

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

    MARIO P. TRINIDAD, JR.

    NOTICE

    AURORA V. PEÑAFLOR
    Prosecutor III – Cebu City
    Office of the City Prosecutor
    Department of Agriculture Compound
    M. Velez Street, Capitol Site
    Cebu City, Cebu

    GREETINGS:

    Kindly take notice that the foregoing Motion be submitted for the kind
    consideration and approval of the Honorable Court immediately upon receipt
    thereof and sans further argument.

    MARIO P. TRINIDAD, JR.

    Copy furnished:

    AURORA V. PEÑAFLOR
    Prosecutor III – Cebu City
    Office of the City Prosecutor
    Department of Agriculture Compound
    M. Velez Street, Capitol Site
    Cebu City, Cebu
    EXPLANATION

    This Pleading was furnished to the opposing counsel and filed in


    court thru email pursuant to pertinent provisions of AC 33-2020 and OCA
    Circular No. 89-2020 and likewise due to lack of manpower or office staff to
    effect personal service and filing.

    MARIO P. TRINIDAD, JR.

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