Demurrer To Evidence: CRIM. CASE NO. 55770
Demurrer To Evidence: CRIM. CASE NO. 55770
- versus - for
CONTRARY TO LAW.
PROSECUTION’S EVIDENCE
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duty as a member Station Anti-Illegal Drugs an Special Operation Task
Force (SAID SOTF), he received a call from a resident of Dolor Subd., Brgy
6, Batangas City, asking for help regarding a person named Peter, who is
causing trouble in their place.
He told the said report to police officers Christian Boy Aranza, Jonas
Guarda, and Ponciano Asilo. Then, they went to the aforesaid place and saw
a male person, naked waist up, shouting while walking. They approached
him, the person ran away, but the police officers were able to immediately
catch him. PO1 Carandang frisked his shorts and allegedly found in his
pocket an illegal drug. He informed him of his constitutional rights and they
went to the Brgy. Hall of Barangay 6.
DISCUSSION
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The ticket is a vital evidence to determine if the violator paid the fine
within 72 hours, if not, that is only the time that a case can be filed in court
for the violation of the ordinance. A ticket is necessary as a basis in
computing the 72 hour period for the accused to pay the fine. There should
be first an exhaustion of administrative remedy before a case is filed in court
in the instant case. In the first place, there is no violation of this ordinance,
so to speak, because of the absence of the ticket.
PRAYER
Such other reliefs, just and equitable under the premises are likewise
prayed for.
Batangas City, September 19, 2013.
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MARIA THERESA O. GAMELLA-BAROLA
Public Attorney 2
Roll No. 53917
MCLE Compliance No.IV-0012777
Noted:
EMILIO G.ACLAN
District Public Attorney
G R E E T I N G S:
Please take notice that this Motion will be submitted for hearing on
September 24, 2013 at 1:30 o’clock in the afternoon or at any date most
convenient to the calendar of the Honorable Court without further oral
argument.
Copy furnished: