Republic of the Philippines

MUNICIPALCIRCUIT TRIAL COURT

Fifth Judicial Region
Bulusan-Barcelona
Barcelona, Sorsogon

PEOPLE OF THE PHILIPPINES, CRIM CASE NO. 3448

Plaintiff, FOR: RECKLESS IMPRUDENCE
-vs.- RESULTING TO SERIOUS
PHYSICAL INJURIES

CHITO DEL PRADO y ESPENA(DRIVER)

Accused.
X - - - - - - - - - - - - - - - X

MICHAEL H. MANGENTE (OWNER)

Civil Defendant.
X - - - - - - - - - - - - - - - X
__________________________

MOTION FOR LEAVE OF COURT

To File Demurrer To Evidence
__________________________

ACCUSED, CHITO DEL PRADO y ESPENA, through the undersigned

counsel, unto this Honorable Court, respectfully move for Leave of Court
to allow accused to file DEMURRER TO EVIDENCE, for the reasons therein
stated, and that the same be served upon the complainant, in accordance
with law.

1. That herein accused is presently being indicted for RECKLESS

IMPRUDENCE RESULTING TO SERIOUS PHYSICAL INJURIES under
Criminal Case No. 3448 filed before this Honorable Court against the
herein accused;

2. That prosecution had already rested its case on October 12, 2016
without the Principal Complainant alleged victim testifying thereto;
 3. That in an Order, dated 11 January 2017, undersigned counsel,
upon motion, was directed by this Honorable Court to file DEMURER TO
EVIDENCE within TEN (10) DAYS from receipt of the Order to file the
same, copy of the said Order was personally received by the undersigned
counsel on 30 January 2017;

4. That the undersigned has until February 9, 2017 within which to

file the said Motion for Leave of Court together with the attached
Demurrer to Evidence to this Honorable Court. Hence, Leave of Court to
File Demurrer to Evidence is hereby requested on the following grounds
to wit:

I. AFTER THE PROSECUTION HAS COMPLETED THE

PRESENTATION OF ITS EVIDENCE, UPON THE FACTS AND
THE LAW, THE PROSECUTION FAILED TO ADDUCE
SUFFICIENT EVIDENCES TO CONVICT THE ACCUSED
BEYOND REASONABLE DOUBT.”

II. ALL THE EVIDENCES SOUGHT TO BE ADMITTED

ARE MERELY CORROBORATIVE AND COLLABORATIVE IN
NATURE. IT MUST BE STRESSED IN THIS PROCEEDINGS
THAT THE PRINCIPAL COMPLAINANT-VICTIM OR
PRINCIPAL EVIDENCE UPON WHICH THE PROSECUTION
RESTS ITS CASE WAS NEVER PRESENTED. THUS IN THE
CASE OF PEOPLE VS. MARCOS, ET. AL., 70 PHIL. 468-
480, THE HONORABLE SUPREME COURT STATED:

“WHERE THE PRINCIPAL AND

BASIC EVIDENCE UPON WHICH THE
PROSECUTION RESTS ITS CASE FAILS,
ALL EVIDENCE INTENDED TO SUPPORT
OR CORROBORATE IT MUST LIKEWISE
FAIL.”

THUS, IN VIEW OF THE PRONOUNCEMENT OF THE

SUPREME COURT IN THE ABOVE-MENTIONED CASE, THE
HONORABLE COURT MUST NEITHER FIND IT NECESSARY
OR PROFITABLE TO EXAMINE THE CORROBORATIVE
EVIDENCE BY THE PROSECUTION AS IT HAS NO LEG TO
STAND ON OR HAS NO LEGAL BASIS FOR ITS ADMISSION.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court to GRANT Leave of Court to the accused to file
demurrer to evidence.

It is further prayed, that in case leave is granted, that the herein

attached DEMURRER TO EVIDENCE BE ADMITTED, RESOLVED and
GRANTED and that the case be finally DISMISSED and that proper
summons be served in accordance with the Rules of Court.

It is finally prayed, that, in case, this Motion for Leave of Court to

file Demurrer of Evidence be denied, it is respectfully prayed that accused
be allowed to present his evidences.

Other relief and remedies as may be deemed just and equitable

under the premises are likewise prayed for.

Sorsogon City, for Barcelona Sorsogon, Philippines. February 3,

2017.

RESPECTFULLY SUBMITTED.

CYRIL C. OROPESA
Counsel for the Accused
Rollo No. 54962
IBP Receipt No. 847640/January 2, 2014
PTR No. 147967/ January 15, 2015
MCLE Compliance No. IV-0023763 UP Law Center
University of the Philippines, Diliman Quezon City
#435 Market Site, Sirangan, Sorsogon City
CP No. 09183812508 / cyril_621975@yahoo.com

NOTICE OF HEARING

Atty. IMELDA LLADONES ASTANO

Prosecutor I
Provincial Prosecution Office
Hall of Justice, Sorsogon City
The Branch Clerk of Court
MCTC- Bulusan-Barcelona
Barcelona, Sorsogon

GREETINGS!

PLEASE take notice that the foregoing MOTION FOR LEAVE OF

COURT TO FILE DEMURRER TO EVIDENCE together with the attached
DEMURRER TO EVIDENCE are hereby submitted, for consideration and
approval of the Honorable Court on February 10, 2017 at 8:30 in the
morning at its session hall at MCTC-Bulusan-Barcelona, Branch 2,
Barcelona, Sorsogon or as soon as counsel may be heard or sans any
arguments considering that prior leave was already granted in open
court.

CYRIL C. OROPESA
Counsel for the Accused
Rollo No. 54962
IBP Receipt No. 847640/January 2, 2014
PTR No. 147967/ January 15, 2015
MCLE Compliance No. IV-0023763 UP Law Center
University of the Philippines, Diliman Quezon City
#435 Market Site, Sirangan, Sorsogon City
CP No. 09183812508 / cyril_621975@yahoo.com

Copy furnished:

Atty. IMELDA LLADONES ASTANO

Prosecutor I
Provincial Prosecution Office
Hall of Justice, Sorsogon City