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Motion For Leave To File Demurrer

This document is a motion filed by the defense counsel requesting leave from the court to file a demurrer to evidence in the criminal case of People of the Philippines vs. Cassey Edward Flores Ballo. The motion argues that the prosecution failed to follow proper evidence marking procedures and that there is insufficient evidence to sustain a conviction. It requests the court grant permission to file the demurrer within 10 days of its order. The notice attached asks the clerk of court to promptly submit the motion for consideration and informs the prosecution of the filing.

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Leonel Cadiz
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242 views

Motion For Leave To File Demurrer

This document is a motion filed by the defense counsel requesting leave from the court to file a demurrer to evidence in the criminal case of People of the Philippines vs. Cassey Edward Flores Ballo. The motion argues that the prosecution failed to follow proper evidence marking procedures and that there is insufficient evidence to sustain a conviction. It requests the court grant permission to file the demurrer within 10 days of its order. The notice attached asks the clerk of court to promptly submit the motion for consideration and informs the prosecution of the filing.

Uploaded by

Leonel Cadiz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


FOURTH JUDICIAL REGION
Branch 167
Lucena City

PEOPLE OF THE PHILIPPINES,


Complainant
Crim. Case No. 2019-2108 and
2019-2109

--versus--
For: VIOLATION OF SEC 5 AND 11,
ARTICLE II OF RA 9165
CASSEY EDWARD FLORES BALLO
Accused.
x---------------------------------------------------x

MOTION FOR LEAVE OF COURT


TO FILE DEMURRER TO EVIDENCE
COMES NOW all of the accused, thru counsel and unto this Honorable
Court, most respectfully avers:

1. That the prosecution rested its case last October 23, 2020 and the
defense were given 5 days to submit this Motion for Leave of Court to
file Demurrer to Evidence or until today October 28, 2020;

2. That we are intending to file a Motion to Dismiss by way of Demurrer


to Evidence pursuant to Rule 119 Section Section 23;

3. That perusal of the records of the case shows that no elected officials
were present during the marking of the subject illegal drugs in this case
which is a blatant disregard of Section 21 of Republic Act 9165;

4. That the Demurrer to Evidence is principally grounded, among


others, on insufficiency of evidence presented by the prosecution;

PRAYER

WHEREFORE, premises considered, we pray upon this Honorable Court


that this Motion for Leave to file Demurrer to Evidence be granted to allow
the filing of the accused’s Demurrer to Evidence with the appropriate
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leave of court within 10 days from receipt of the Order of this Honorable
Court.

This 28th day of October, 2020 at Lucena City, Quezon, Philippines.

Counsel for the accused:

Cadiz law office

ATTY. LEONEL P. CADIZ


Roll No. 64726
No. 30, 2nd Floor, Cabana Street, Barangay 3, Lucena City
IBP No. 108388 issued 1-8-2020 at IBP Bldg. Pasig City
MCLE Compliance No. VI-002747; valid until April 14, 2022
PTR. No. 1051069 issued 1-2-2020 at Lucena City
[email protected] ; 09338252770 ; (042) 785-8101

NOTICE

Horoable Clerk of Court


RTC Branch 167
Lucena City, Quezon

Greetings!

Kindly submit the foregoing MOTION FOR LEAVE TO FILE DEMURRER TO EVIDENCE for the kind
and prompt consideration of this Honorable Court immediately upon receipt hereof without further
arguments. Should this Honorable Court deemed it fit to hear this Motion, we will be accommodating the
calendar of this Court at its most convenient and soonest possible time considering the urgency of this
Motion.

Thank you very much.

Counsel for the accused:

ATTY. LEONEL P. CADIZ

Copy Furnished:

Pros. Jesselton Danao


Office of the City Prosecutor
Lucena City

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