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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7TH Judicial Region
Branch 12
Cebu City

PEOPLE OF THE PHILIPPINES


Plaintiff,

-versus- Criminal Case No. 12493


FOR:xxxxxxxxxxxxxxxxxxx
John Doe
Accused

x--------------------------------------------------------x

DEMURRER TO EVIDENCE

ACCUSED, by counsel and to this Honorable Court, alleges:

1. In an order dated February 15, 2017, which was received by the


accused on February 20, 2017, she was given leave of court to file her
demurrer to evidence.

2. This demurrer to evidence is based on the ground that there is


insufficiency of evidence to convict the accused. Plaintiff failed to
authenticate the documentary evidence to support its action
because the witness that is supposed to authenticate failed to appear
in court on the date set for hearing.

WHEREFORE, accused prays that the case be dismissed for


insufficiency of evidence.

Cebu City, Philippines, 23 February 2017.

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ATTY. ARFIL STA. ANA YONGCO
Counsel for Accused
Until December 31, 2018
Roll of Attorneys No. 2214
MCLE Compliance Certificate V No. 5555, 1/3/2017
PTR No. 1232, 1/5/2017, Cebu City
IBP No. 1252, Lifetime, Cebu City
102 Pearl St. Mabolo, Cebu City, 6000

NOTICE OF HEARING

To: Atty. Adrian Cabahug


Room 5, The Walk, Asiatown, IT Park,
Lahug, Cebu City, 6000

Greetings!

Please take notice that on Friday, February 14, 2017, at 9 a.m., or as


soon thereafter as counsel may be heard, the undersigned will ask the
Honorable Court to approve the foregoing Motion to Dismiss.

Atty. Arfil S. Yongco

EXPLANATION AS TO SERVICE

A copy of the foregoing Demurrer to Evidence is served to the


answering accused, thru counsel, by registered mail, instead by personal
service because the offices of undersigned counsel and adverse party or his
counsel are distantly located and because of lack or inadequate
messengerial aide to make personal service.

Atty. Arfil S. Yongco

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Affidavit of Service by Registered Mail

I, Juan Pedro, of legal age and having been duly sworn depose and
say:
That I am the messenger of Atty. Arfil S. Yongco, counsel for
defendant in the case entitled People of the Philippines vs John Doe,
Criminal Case No. 12493 and that as such messenger, I served upon the
counsel of adverse party and other parties, the Demurrer to Evidence filed
in said case, as follows:
Atty. Adrian Cabahug, counsel for plaintiff by registered mail by
depositing the copy in the post office in sealed envelope, plainly addressed
to the party or counsel at his office, with postage fully prepaid, and with
instruction to the postmaster to return the mail to the sender after ten
days if undelivered, this 22st day of February 2017, as shown by Registry No.
_________ dated ___________ of the post office of Cebu City.

IN WITNESS WHEREOF, I have signed this affidavit this 22st day of


February 2017 at Cebu City.

Juan Pedro
Affiant