Motion For Leave To File Demurrer To Evidence (Pp. v. Banto)
Motion For Leave To File Demurrer To Evidence (Pp. v. Banto)
PEOPLE OF THE
PHILIPPINES,
Plaintiff,
Accused, 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.
Grounds
The instant Motion for Leave is founded upon any or all of the following
grounds:
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(1) On whether or not there was actually a 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). The buy-bust team hinges too much on the alleged
confidential informant, who was never presented so nobody could shed light on what
in reality transpired during the conduct of the purported buy-bust operation. On
material points, the testimonies of the PDEA officers are all incredible, inconsistent
and not in line with logic and basic human experience.
(2) On the Buy-bust team’s Non-compliance with Section 21 Article II of RA 9165. 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 without any plausible
explanation. The marking, the inventory and the photographing of the seized items
were all done in the PDEA office, and the PDEA officers failed to give any acceptable
justification.
PRAYER
RESPECTFULLY SUBMITTED.
GREETINGS:
Please submit the foregoing Motion for the kind consideration and
approval of the Honorable Court immediately upon receipt thereof.
NOTICE
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.
Copy furnished:
EXPLANATION