AAA, 16 year-old child in conflict with law, is charged with malicious mischief under the

following information:
That on or about 8:00 AM of September 21, 2015 at poblacion oeste, dagupan city, and within
the jurisdiction of this Honorable Court, accused AAA, a minor, acting with discernment and out of
revenge and hate, did, then and there, willfully unlawfully, feloniously struck and flatttend the three
tires of the motorized tricycle owned by Jose Aquino, in the amount of P8,000.00, more or less to the
damge and prejudice of private complainant Jose Aquino.
Contrary to Article 328 of the Revised Penal Code
When arraigned, the accused, with the assistance of his counsel, pleaded not guilty to the charge.
During the presentation of evidence for the prosecution, only the private complainant testified.
He identified and affirmed the contents of his affidavit-complainantthat accused and his family are
his neighbors, that at around 8: AM of September 21, 2015, the minors mother went out of their
house and confronted him after the private complainant cut the excess leaves of her bougainvillea
that went beyond the fence and into his backyard, that while he and the mother of accused were
having an altercation which lingered even by the road, the accused minor suddenly struck and
flattened the three tires of his tricycle. Thereafter, the minors mother ordered AAA to go back to their
house which he obeyed.
On cross-examination, the defense counsel was able to prove that the tires of the tricycle
which was allegedly damaged was not submitted to the court, that while pictures of the tires allegedly
damaged was submitted to the court the same are mere photocopies from which the damage cannot
even be seen or detected, that private complainant was not able to establish the cost of the tires
allegedly damaged as he failed to submit receipt of his purchase of said tires or an estimate by
reputable establishment, that nobody witnessed the incident except the parties themselves, and that
the minors mother had previously filed a separate case against the private complainant involving the
same incident ahead of the case being heard.
The prosecution filed its formal offer of exhibits and rested its case. The defense counsel then
sought for leave to file a demurrer to evidence.
With the foregoing facts and citing applicable laws, act as if you are the counsel for AAA and
draft a demurrer to evidence, discussing the grounds for the allowance of the same.