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Demurrer
Demurrer
DEMURRER TO EVIDENCE
The only witness for the prosecution was REYNALDO P. CAMILLO. It cannot
be overemphasized that the affidavit of the complainant and the testimony of said witness
showed that he had no personal knowledge of the alleged theft that was committed on 01
January 2006. Moreover what is more dubious is that the affidavit of said complainant
was done on 04 February 2006, more than one (1) month after the alleged incident took
place. Said witness did not see the alleged taking, stealing and carrying away of the cash
money since he was on vacation at Baguio City. Complainant was miles away when the
alleged taking, stealing and carrying away of the cash money was done. It was highly
improbable for him to witness the incident. In complainants affidavit, he based his
accusation only on the information of his grandson which is also the son of the accused
that it was his father who entered the room. There was no mention made that accused was
seen taking, stealing and carrying away the cash money. The same information was
given to him by his daughter who is also the wife of the accused. In other words, there
was no witness at all who had seen the alleged alleged taking, stealing and carrying away
of the cash money. Noteworthy is the fact that the grandson and the wife of the accused
did not testify to corroborate the testimony of the complainant. Hence, the basis of the
complainant in charging the accused for theft is not substantiated considering that it is
purely hearsay and have no probative value whether objected to or not. It was
emphasized by the defense in their cross-examination of said witness that he had no
personal knowledge of the circumstances surrounding the alleged taking, stealing and
carrying away of the cash money. In fact the complainant himself was having a hard
time remembering the exact amount of the cash money that was allegedly taken whether
it was P120,000.00 or P150,0000.00. There is no need to discuss the other elements of
theft since the prosecution was not able to establish the alleged taking, stealing and
carrying away of the cash money.
P R AY E R
DEPARTMENT OF JUSTICE
Public Attorneys Office
Rm. B-29 Hall of Justice, Quezon City
By:
NOTICE OF HEARING
Hon. John Patrick Corpuz
Assistant City Prosecutor
Clerk of Court
RTC 223
Greetings!
Please submit the foregoing Demurrer to Evidence for the approval and
consideration of the Honorable Court on 29 May 2007 at 8:30 a.m.
CAROLINE L. TOBIAS
Copy Furnished:
Hon. John Patrick Corpuz
Assistant City Prosecutor