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Cailing Demurrer

Eric Dailng, through his counsel, filed a Motion for Leave to File Demurrer to Evidence in the Municipal Trial Court of Butuan City. He is accused, along with co-accused, of falsifying COVID-19 rapid test results. In his Demurrer to Evidence, he argues that the prosecution has failed to prove his guilt beyond reasonable doubt. Specifically, he argues that the rapid test results from September 9, 2020 are incomplete documents and would not be considered falsified. Further, there is no evidence he falsified results from August 7, 2020. The names on the September tests were also made up names so the documents would not be deemed genuine. He prays that the

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112 views4 pages

Cailing Demurrer

Eric Dailng, through his counsel, filed a Motion for Leave to File Demurrer to Evidence in the Municipal Trial Court of Butuan City. He is accused, along with co-accused, of falsifying COVID-19 rapid test results. In his Demurrer to Evidence, he argues that the prosecution has failed to prove his guilt beyond reasonable doubt. Specifically, he argues that the rapid test results from September 9, 2020 are incomplete documents and would not be considered falsified. Further, there is no evidence he falsified results from August 7, 2020. The names on the September tests were also made up names so the documents would not be deemed genuine. He prays that the

Uploaded by

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

MUNICIPAL TRIAL COURT IN CITIES


10th Judicial region
Branch 2
Butuan City
PEOPLE OF THE PHILIPPINES
Plaintiff,
CRIM CASE No. 68670-71
-versus-
ALL FOR: “FALSIFICATION OF
PUBLIC DOCUMENTS”
ERIC DORADO CAILING, ET. AL.
Accused
x—————————————————-x

MOTION FOR
LEAVE TO FILE
DEMURRER TO EVIDENCE

ERIC DORADO CAILING by undersigned Counsel unto this Most Honorable


Court, most respectfully states –

He respectfully asks for leave to file his Demurrer to Evidence on the


ground of insufficiency of evidence or for failure of the Prosecution to prove his
case beyond reasonable doubt.

Attached hereto is his Demurrer to evidence.

PRAYER

WHEREFORE, it is most respectfully prayed of this Most Honorable Court


grant ERIC DORADO CAILING leave to file her Demurrer to Evidence and to grant
the same.

Most respectfully submitted.

November 8, 2021, Butuan City, Philippines.

THE LAW FIRM OF


SALISE & SULLANO
RGCS Bldg., Narra Road cor. Molave Street
8600 Butuan City
For Cailing

By:

ATTY. ROLANDO G.C. SALISE


Roll No. 48977
MCLE Compliance V-0019414 issued on April 4, 2016
IBP no. (awaiting OR) PTR No. 2015222 1/4/2021
TIN No. 908-310-719
e-mail add: [email protected]
Cellphone no. 09485939047

Notice of Hearing

The Branch Clerk of Court


MTCC Branch 2
Butuan City

Hon. Pros. Doreen T. Dejarme


City Prosecutor’s Office
Butuan City

Please take notice that I am submitting the foregoing Motion for consideration of
Honorable Court immediately upon its receipt hereof, or on November 12, 2021 at
2:00 P.M. sans appearance and further argument.

ATTY. ROLANDO G.C. SALISE


For Rosales

CC:

Hon. Pros. Doreen T. Dejarme


City Prosecutor’s Office
Butuan City
(sent electronically )
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES
10th Judicial region
Branch 2
Butuan City
PEOPLE OF THE PHILIPPINES
Plaintiff,
CRIM CASE No. 68670-71
-versus-
ALL FOR: “FALSIFICATION OF
PUBLIC DOCUMENTS”
ERIC DORADO CAILING, ET. AL.
Accused
x—————————————————-x

DEMURRER TO EVIDENCE
ERIC DORADO CAILING by undersigned Counsel unto this Most
Honorable Court, most respectfully states –

1. ERIC DORADO CAILING moves for the dismissal of the instant case on
the ground of insufficiency of evidence or for failure of the Prosecution to
prove his guilt beyond reasonable doubt;

2. ERIC DORADO CAILING, together with his co-accused are accused of


allegedly falsifying the rapid test results of certain individuals , by making it
appear that they were tested by way of COVID 19 rapid test by Butuan
Diagnostic and Medical Clinic and tested negative for said virus, when in
truth and in fact they were never tested .

3. However, the evidence of the prosecution show –

a. That the results of rapid tests on September 9, 2020, are incomplete


documents and therefore cannot be deemed to have been falsified. Said
documents would never pass as authentic documents without the
requisite signatures therein.

b. There is no evidence that ERIC DORADO CAILING or any of his co-


accused, were the ones who falsified the COVID 19 rapid test results of
Dennis Dupit on August 07, 2020.

c. According to the authorities, the names of the persons in said rapid tests
on September 9, 2020, are made up names. On account thereof, said
documents would never pass as genuine documents, even if indeed they
are falsified.

4. All told, the dismissal of these cases are in order.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court to


DISMISS the instant case.

Most respectfully submitted.

November 8, 2021, Butuan City, Philippines.

THE LAW FIRM OF


SALISE & SULLANO
RGCS Bldg., Narra Road cor. Molave Street
8600 Butuan City
For Cailing
By:

ATTY. ROLANDO G.C. SALISE


Roll No. 48977
MCLE Compliance V-0019414 issued on April 4, 2016
IBP no. (awaiting OR) PTR No. 2015222 1/4/2021
TIN No. 908-310-719
e-mail add: [email protected]
Cellphone no. 09485939047

CC:

Hon. Pros. Doreen T. Dejarme


City Prosecutor’s Office
Butuan City

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