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  • Republic of The Philippines Regional Trial Court National Capital Region Branch 13-Makati City

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    The document is a demurrer to the prosecution's evidence filed by the defense counsel in the criminal case of People of the Philippines vs. Pepe Pawikan for the crime of piracy. The defense argues that (1) the prosecution has failed to prove the specific items allegedly taken from passengers of the M/V Titanic, and (2) without proof of any loss, the charge of violating the piracy statute cannot be sustained. The defense requests that the case be dismissed and the accused be acquitted.

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    The document is a demurrer to the prosecution's evidence filed by the defense counsel in the criminal case of People of the Philippines vs. Pepe Pawikan for the crime of piracy. The defense argues that (1) the prosecution has failed to prove the specific items allegedly taken from passengers of the M/V Titanic, and (2) without proof of any loss, the charge of violating the piracy statute cannot be sustained. The defense requests that the case be dismissed and the accused be acquitted.

    Copyright:

    © All Rights Reserved
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    20 views2 pages

    Republic of The Philippines Regional Trial Court National Capital Region Branch 13-Makati City

    Uploaded by

    bobbyricky
    The document is a demurrer to the prosecution's evidence filed by the defense counsel in the criminal case of People of the Philippines vs. Pepe Pawikan for the crime of piracy. The defense argues that (1) the prosecution has failed to prove the specific items allegedly taken from passengers of the M/V Titanic, and (2) without proof of any loss, the charge of violating the piracy statute cannot be sustained. The defense requests that the case be dismissed and the accused be acquitted.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    Republic of the Philippines

    REGIONAL TRIAL COURT


    National Capital Region
    Branch 13-Makati City

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,
    Criminal Case No. 013
    - versus - For: Piracy

    PEPE PAWIKAN,
    Accused.
    x ---------------------------------------- x

    DEMURRER TO THE PROSECUTION’S EVIDENCE

    THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits
    this Demurrer to the Prosecution’s Evidence on the ground that the prosecution has failed to
    adduce sufficient evidence of his guilt to overcome the presumption of innocence and shift the
    burden of proof:

    1. Under the Constitution, the accused is presumed to be innocent until proven guilty.
    The effect of this presumption is that it entitles the accused to not say anything in his defense
    and places the burden directly on the prosecution to prove everything relative to his guilt.
    Thus, the prosecution must rely on the strength of its evidence and not wait for the accused to
    offer any defense. It is only in the event that the prosecution, after resting its case, has
    adduced sufficient evidence of guilt, that the burden of proof shifts to the accused.

    2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift
    the burden of proof.

    2.1. The prosecution claims the accused, PEPE PAWIKAN, who resides at
    31 Forbes Park, Makati City, the crime of piracy. In the information, the accused
    is being blamed for boarding the luxury vessel M/V Titanic. In addition, the
    prosecution claims that it was the accused who actually took personal
    belongings of several of the passengers of the vessel.

    2.2. The accused is charged with violation of Article 122 or Piracy; the
    act of an individual who attacks a vessel in Philippine waters, not being a
    member of its complement nor a passenger, shall seize the whole or part of the
    cargo of said vessel, its equipment, or personal belongings of its complement or
    passengers. Concretely, this means that the prosecution must show and prove
    what items, if any, were taken from the passengers of the M/V Titanic.

    2.3. The prosecution has failed to show that the passengers actually loss
    specific belongings. Instead, the prosecution merely make abstract and vague
    allegations of loss which are not sufficient to prove that were items loss.

    3. Absent proof of any loss one part of the passengers, the claim of violation of Article
    122 or Piracy. The accused is innocent; he must, thus, be acquitted.

    WHEREFORE, the accused respectfully prays that the Information against him be
    DISMISSED and that he be ACQUITTED of the crime charged.

    Makati City; 25 January 2008.

    (SGD.) DANNY CRANE


    Counsel for the Accused

    REQUEST FOR AND NOTICE OF HEARING

    THE BRANCH CLERK OF COURT


    Regional Trial Court
    Makati City, Branch 13

    Please submit the foregoing Motion 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 February 14, 2008 at 11:00 in the morning.

    Allan Shore
    City Prosecutors Office, Makati City Hall
    Makati City

    Please take notice that counsel has requested to be heard on 14 February 2008 at 10:00
    in the morning.

    (SGD.) DANNY CRANE


    Counsel for the Accused

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