Republic of The Philippines Regional Trial Court National Capital Judicial Region Branch 1 Quezon City

Republic of the Philippines
REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 1
Quezon City
PEOPLE OF THE PHILIPPINES,

Plaintiff
-versus- Criminal Case No. 77

-for- Homicide
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
MOTION FOR LEAVE TO FILE

DEMURRER TO EVIDENCE
ACCUSED, JUAN DELA CRUZ, through counsel and to this Honorable Court, most respectfully states:
1. That the prosecution rested its case on February 28, 2017, and accordingly the accused has five (5)
days therefrom to file the instant motion.
2. That the accused be given leave of court to file a demurrer to evidence on the following grounds:
a. The evidence of the prosecution is insufficient to convict the accused;
b. The evidence of the prosecution, even if true, states no crime committed; and
c. The applicable law and jurisprudence support the foregoing conclusions.
Without prejudice to an extended discussion of the foregoing grounds, the accused will discuss the same
briefly, as follows: (Show and discuss in detail the foregoing grounds)
a. The evidence presented by the prosecution does not prove that there is conspiracy;
b. The prosecution must rely on the strength of its evidence and not on the weakness of the
defense. Otherwise, the court must acquit the accused;
c. In case of allegations of conspiracy, such act can never be presumed, Hence, it must be clearly
proven.
d. In this case, the prosecution failed to prove beyond reasonable doubt that accused conspired
with the other defendants. Hence, accused Juan Dela Cruz respectfully prays for leave to file
demurrer to evidence in accordance with Section 33, Rule 113 of the Rules of Criminal
Procedure.
WHEREFORE, premised on the foregoing consideration and in the highest interest of justice, it is
most respectfully prayed of this Honorable Court that the aforesaid motion be granted.
March 3, 2017. City of Manila.
ATTY. JOSE CRUZ

Counsel for Accused
Unit 1, ABC Building cor. XYZ Ave.
Pasig City, Metro Manila
Tel. No.: 123-4567 Telefax: (0632) 891-01112
Copy-furnished and Explanation
HON. JUAN LUNA

Senior Assistant City Prosecutor
2/F Hall of Justice Building
Quezon City
ATTY. JOSIE REYES

Public Attorney’s Office
Quezon City
Greetings:
Please submit the foregoing Motion For Leave to file Demurrer for the consideration and approval of
this Honorable Court to immediately upon receipt therefor, or at such time as convenient to the Honorable
Court.
The foregoing motion is filed before the Honorable Court and served to other party via personal service
as well.
ATTY. JOSE CRUZ

Branch 1
Quezon City

Plaintiff

-for- Homicide
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
DEMURRER TO EVIDENCE
ACCUSED, JUAN DELA CRUZ, through counsel and to this Honorable Court, alleges that:
1. In an order dated March 9, 2017, which was received by the accused on March 11, 2017, he was given
leave of court to file his demurrer to evidence.
2. This demurrer to evidence is based on the following grounds:
a. There is insufficiency of evidence to convict the accused since the prosecution’s evidence does not
prove that he conspired with the other accused, much less materially participated in the stabbing of
the deceased. On the contrary, despite twists and turns of the evidence presented by the
prosecution, what remains is that (1) Accused had no knowledge of any conspiracy to commit the
crime charged; (2) Accused did not participate in the killing of the deceased; (3) nor was there any
reason and motive on the part of the accused to or harm him.
(Discuss in detail why there is insufficiency of evidence)
b. The whole evidence and the applicable law do not make out a case nor sustain the issue.
(Discuss in detail the said ground)
WHEREFORE, accused prays that this Honorable Court GRANT THE DEMURRER and acquit the
accused Juan Dela Cruz based on the above-discussed reasons.
March 18, 2017. City of Manila.
ATTY. JOSE CRUZ

Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES
Quezon City
Greetings:
Please submit the foregoing Demurrer for the consideration and approval of this Honorable Court
immediately upon receipt therefor, or at such time as convenient to the Honorable Court.
as well.
ATTY. JOSE CRUZ

Branch 1
Quezon City

Plaintiff

-for- Homicide
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
MOTION FOR NEW TRIAL
Accused, by counsel and to this Honorable Court, alleges:
1. The Court has convicted the accused in its decision promulgated on March 30, 2017, but the same has
not become final.
2. Accused hereby moves for a new trial on the following grounds:
a. That errors of law or irregularities prejudicial to the substantial rights of the accused have been
committed during the trial;
b. That new and material evidence has been discovered which the accused could not with reasonable
diligence have discovered and produced at the trial, and which if introduced and admitted, would
probably change the judgment.
(If questions of fact are involved, attach affidavits of persons who can prove the facts in issue)
DISCUSSION
(Discuss and show the errors of law or irregularities committed)
II
(Discuss the elements of newly discovered evidence)
WHEREFORE, accused prays that the conviction be set aside and that he be granted a new trial.
March 18, 2017. Quezon City.
ATTY. JOSE CRUZ

Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES

Quezon City
Greetings:
Please submit the foregoing Motion for New Trial for the consideration and approval of this Honorable
Court immediately upon receipt therefor, or at such time as convenient to the Honorable Court.
as well.
ATTY. JOSE CRUZ

Branch 1
Quezon City

Plaintiff

-for- Homicide
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
MOTION FOR RECONSIDERATION
ACCUSED, by counsel and to this Honorable Court, respectfully moves for the reconsideration of the
judgment promulgated on March 30, 2017, on the following grounds:
There were errors of law and of fact in the said judgment.
DISCUSSION
(Discuss and show the errors of law and of fact; Indicate the evidence or pages of the transcript
where the errors of law have been committed.)
WHEREFORE, accused prays that the questioned judgment be reconsidered and set aside, and another one
be rendered, acquitting the accused.
March 18, 2017. Quezon City.
ATTY. JOSE CRUZ

Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES

Quezon City
Greetings:
Please submit the foregoing Motion for Reconsideration for the consideration and approval of this
Honorable Court immediately upon receipt therefore, or at such time as convenient to the Honorable Court.
as well.
ATTY. JOSE CRUZ

Branch 1
Quezon City

Plaintiff

-for- Homicide
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
NOTICE OF APPEAL
ACCUSED, by counsel, herby gives notice, within the required 15-day period, that he is appealing the
judgment of the Honorable Court, which was promulgated on March 30, 2017, to the Regional Trial Court, the
said judgment being contrary to law and the facts.
Copy of this notice of appeal is served on the Office of the Prosecutor.
Accused moves and prays that the original bond for the provisional liberty of the accused be considered
and approved as his bond for his provisional liberty during the pendency of the appeal.
WHEREFORE, accused prays that the records of the case be elevated to the RTC for its action thereon,
and that the original bond for the provisional liberty of the accused be considered, maintained and approved as
his bond for provisional liberty during the pendency of appeal.
April 12, 2017. Quezon City.

ATTY. JOSE CRUZ
Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
Copy-furnished
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES

Quezon City
SANDIGANBAYAN
Quezon City

Petitioner

-for- Falsification of a Public Document
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
NOTICE OF APPEAL
ACCUSED, by counsel, herby gives notice, within the required 15-day period, that he is appealing the judgment
of the Honorable Court, which was promulgated on March 30, 2017, to the Sandiganbayan, the said judgment
being contrary to law and the facts.
Copy of this notice of appeal is served on the Sandiganbayan.
WHEREFORE, accused prays that the records of the case be elevated to the Sandiganbayan for its action
thereon, and that the original bond for the provisional liberty of the accused be considered, maintained and
approved as his bond for provisional liberty during the pendency of appeal.
ATTY. JOSE CRUZ

Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
Copy-furnished
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES

Quezon City
Branch 1
Quezon City

Plaintiff

-for- Homicide
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
NOTICE OF APPEAL
ACCUSED, by counsel, hereby gives notice, within the required 15-day period, that he is appealing the
judgment of the Honorable Court, which was promulgated on March 30, 2017, to the Regional Trial Court, the
said judgment being contrary to law and the facts.
Copy of this notice of appeal is served on the Office of the Prosecutor.
WHEREFORE, accused prays that the records of the case be elevated to the Court of Appeals for its
action thereon, and that the original bond for the provisional liberty of the accused be considered, maintained
and approved as his bond for provisional liberty during the pendency of appeal.

ATTY. JOSE CRUZ
Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
Copy-furnished
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES

Quezon City
COURT OF APPEALS
Manila
JUAN DELA CRUZ,

Accused-Appellant- Petitioner.
-versus- CA-G.R. No. 1234

-for- Homicide
Plaintiff-Appellee.
x----------------------------------------x
PETITION FOR REVIEW
PETITIONER, by counsel and to this Honorable Court, respectfully alleges:
NATURE OF THE CASE
This is a petition for review pursuant to Rule 42 of the Rules of Court of the decision of the Regional Trial
Court of Quezon City, Branch 1, entitled People of the Philippines v. Juan Dela Cruz, which affirmed the decision
of the Quezon City Metropolitan Trial Court in Criminal Case No. 77, dismissing petitioner’s complaint, on the
ground that the RTC, in the exercise of its appellate jurisdiction, committed in its decision errors of law and of
facts.
THE PARTIES
Petitioner is of legal age and is the accused in said Criminal Case No. 77, RTC, Quezon City.
Private Respondent is also of legal age and is the complainant in Criminal Case No. 77 RTC, Quezon City.
He may be served with legal process at c/o his counsel, Atty. Josie Reyes, with office address at Public Attorney’s
Office, Quezon City.
TIMELINESS OF PETITION
On May 2, 2017, petitioner received a copy of the decision of the RTC in Criminal Case No. 77. Certified
true copy of said decision is attached hereto as Annex “A”.
On May 7, 2017, petitioner filed his motion for reconsideration of the said decision, copy of which
motion for reconsideration is attached hereto as Annex “A-1”.
On May 13, 2017, petitioner received a copy of the order of the trial court denying said motion for
reconsideration. Certified true copy of said order is attached hereto as Annex “B”.
Within the 15-day period from receipt of said order Annex “B”, petitioner is filing the instant petition for
review with the Court of Appeals, as shown from the face of said petition.
STATEMENT OF FACTS AND MATTERS INVOLVED
(Make concise statement of facts and proceedings that took place in RTC, until it rendered its questioned
decision and its date of receipt by petitioner)
ISSUES RAISED
The issues raised in this petition are:

(Enumerate the issues, both of law and fact)
ERRORS COMMITTED BY TRIAL COURT
(Enumerate the errors of law and facts committed by the trial court.)
GROUNDS OR REASONS FOR ALLOWANCE OF APPEAL
(Enumerate the grounds or reasons)
DISCUSSION
(Discuss in detail the grounds and reasons in light of the errors committed.)
PRAYER
WHEREFORE, petitioner respectfully prays as follows:
1. That the petition be given due course;

2. That after due proceedings, judgment be rendered setting aside the questioned decision and order
Annexes “A” and “B” hereof, and another one rendered, holding respondent liable for damages and
attorney’s fees in the total amount of P500,000.00 plus cost.
Petitioner further prays for such other reliefs as may be just and equitable in the premises.
May 20, 2017. Quezon City.
ATTY. JOSE CRUZ

Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
VERIFICATION/CERTIFICATION
I, JUAN DELA CRUZ, of legal age and Filipino, after having been duly sworn to in accordance with law,
depose and state THAT:
1. I am the accused-appellant-petitioner in the above-entitled petition;

2. I have caused the preparation of said petition;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not filed any other action involving the same set of facts, parties or the same relief as the
foregoing in any court, tribunal and/or before any quasi-judicial bodies or administrative agencies and in
the event I should learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, Court of Appeals, or the different Divisions thereof, the Regional Trial Court, or any
other judicial tribunal or agency in the Philippines, I undertake to inform this Honorable Court wherein
the said petition has been filed.
IN WITNESS WHEREOF, I hereunto affix my signature on the 20 TH day of May, 2017 in Quezon City,
Philippines.
JUAN DELA CRUZ
SUBSCRIBED AND SWORN to before me this 20 th day of May 2017, at Quezon City, Philippines, affiant
personally known to me and exhibiting to me his Competent Evidence of Identity
__________________________
JOSE CRUZ
Notary Public
Until December 31, 2017
Commission No. NP-037
Place: Quezon City
DOC. NO._______ ROA No. 412121
PAGE NO._______ PTR No. 0512133-1.15.15-QC
BOOK NO._______ IBP LM No. 04231.14.04
SERIES OF 2017. MCLE No.
AFFIDAVIT OF SERVICE BY REGISTERED MAIL
I, JUANA SANTOS, of legal age and having been duly sworn depose and say:
That I am the messenger of Atty. Jose Cruz, counsel for the accused in the case entitled “Juan Dela Cruz
v People of the Philippines, CA-G.R. No. 1234 and that such messenger I served upon the counsel of adverse
party and other parties, the petition filed in said case, as follows:
Atty. Josie Reyes, counsel for complainant by registered mail by depositing the coy 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 post master to return the mail to the sender after ten days if undelivered, this 20th day of
May, as shown by Registry No. 234 dated of the post office of Quezon City.
IN WITNESS WHEREOF, I have signed this affidavit this 20 th day of May 2017 at Quezon City.
JUANA SANTOS
__________________________.
JOSE CRUZ
Notary Public
Place: Quezon City
DOC. NO._______ ROA No. 412121
PAGE NO._______ PTR No. 0512133-1.15.15-QC
BOOK NO._______ IBP LM No. 04231.14.04
Copy-furnished
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES

Quezon City
SUPREME COURT
Manila

Petitioner.
-versus- G.R. No. 1234
JUAN DELA CRUZ,

Respondent.
x----------------------------------------x
PETITION FOR REVIEW
PETITIONER, by counsel and to this Honorable Court, respectfully alleges:
NATURE OF THE CASE
This is a petition for review pursuant to Rule 45 of the Rules of Court of the decision of the Regional Trial
Court of Quezon City, Branch 1, entitled People of the Philippines v. Juan Dela Cruz, which affirmed the decision
of the Quezon City Metropolitan Trial Court in Criminal Case No. 77, dismissing petitioner’s complaint, on the
ground that the RTC, in the exercise of its appellate jurisdiction, committed in its decision errors of law and of
facts.
THE PARTIES
Private respondent is of legal age and is the accused in said Criminal Case No. 77, RTC, Quezon City.
Petitioner is also of legal age and is the complainant in Criminal Case No. 77 RTC, Quezon City. He may
be served with legal process at c/o his counsel, Atty. Josie Reyes, with office address at Public Attorney’s Office,
Quezon City.
TIMELINESS OF PETITION
On May 2, 2017, petitioner received a copy of the decision of the RTC in Criminal Case No. 77. Certified
true copy of said decision is attached hereto as Annex “A”.
On May 7, 2017, petitioner filed his motion for reconsideration of the said decision, copy of which
motion for reconsideration is attached hereto as Annex “A-1”.
On May 13, 2017, petitioner received a copy of the order of the trial court denying said motion for
reconsideration. Certified true copy of said order is attached hereto as Annex “B”.
Within the 15-day period from receipt of said order Annex “B”, petitioner is filing the instant petition for
review with the Supreme Court, as shown from the face of said petition.
STATEMENT OF FACTS AND MATTERS INVOLVED
(Make concise statement of facts and proceedings that took place in RTC, until it rendered its questioned
decision and its date of receipt by petitioner)
ISSUES RAISED
The issues raised in this petition are:

(Enumerate the issues, both of law and fact)
ERRORS COMMITTED BY TRIAL COURT
(Enumerate the errors of law and facts committed by the trial court.)
GROUNDS OR REASONS FOR ALLOWANCE OF APPEAL
(Enumerate the grounds or reasons)
DISCUSSION
(Discuss in detail the grounds and reasons in light of the errors committed.)
PRAYER
WHEREFORE, petitioner respectfully prays as follows:
1. That the petition be given due course;

2. That after due proceedings, judgment be rendered setting aside the questioned decision and order
Annexes “A” and “B” hereof, and another one rendered, holding respondent liable for damages and
attorney’s fees in the total amount of P500,000.00 plus cost.
Petitioner further prays for such other reliefs as may be just and equitable in the premises.
May 20, 2017. Quezon City.
ATTY. JOSE CRUZ

Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
VERIFICATION/CERTIFICATION
I, JUAN DELA CRUZ, of legal age and Filipino, after having been duly sworn to in accordance with law,
depose and state THAT:
5. I am the accused-appellant-petitioner in the above-entitled petition;

6. I have caused the preparation of said petition;
7. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
8. I have not filed any other action involving the same set of facts, parties or the same relief as the
foregoing in any court, tribunal and/or before any quasi-judicial bodies or administrative agencies and in
the event I should learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, Court of Appeals, or the different Divisions thereof, the Regional Trial Court, or any
other judicial tribunal or agency in the Philippines, I undertake to inform this Honorable Court wherein
the said petition has been filed.
IN WITNESS WHEREOF, I hereunto affix my signature on the 20 TH day of May, 2017 in Quezon City,
Philippines.
JUAN DELA CRUZ
__________________________
JOSE CRUZ
Notary Public
Place: Quezon City
DOC. NO._______ ROA No. 412121
PAGE NO._______ PTR No. 0512133-1.15.15-QC
BOOK NO._______ IBP LM No. 04231.14.04
That I am the messenger of Atty. Jose Cruz, counsel for the accused in the case entitled “People of the
Philippines v Juan Dela Cruz, G.R. No. 1234 and that such messenger I served upon the counsel of adverse party
and other parties, the petition filed in said case, as follows:
Atty. Josie Reyes, counsel for complainant by registered mail by depositing the coy in the post office in
JUANA SANTOS
__________________________.
JOSE CRUZ
Notary Public
Place: Quezon City
DOC. NO._______ ROA No. 412121
PAGE NO._______ PTR No. 0512133-1.15.15-QC
BOOK NO._______ IBP LM No. 04231.14.04
Copy-furnished
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES

Quezon City
COURT OF APPEALS
Manila
JUAN DELOS SANTOS,

Defendant-Appellant
-versus- CA-G.R. No. 1234

-for- Serious Physical Injuries
Plaintiff-Appellee.
x----------------------------------------x
BRIEF FOR APPELLANT
DEFENDANT-APPELLANT, by counsel and to this Honorable Court respectfully files his brief for the
appellant.
SUBJECT INDEX
1. Arguments:
(Digest arguments in each assigned error, and make reference to pages.)
2. Table of cases cited, alphabetically arranged, with reference to pages.
3. Table of statutes cited, with reference to ages where they are cited.
ASSIGNMENT OF ERRORS
The trial court committed the following errors, as follows: (List all assigned errors separately, distinctly
and concisely, in the order in which they will be discussed.)
STATEMENT OF THE CASE
Present here a clear and concise statement of the:

a. Nature of the action;
b. Summary of the proceedings;
c. Appealed rulings and orders of the court;
d. Nature of the judgment quoting the dispositive portion thereof;
e. Any other matters necessary to an understanding of the nature of the controversy, with page
references to the record.
STATEMENT OF THE FACTS
The facts in this case are as follows:
(Present a clear and concise statement in a narrative form of the facts admitted by both parties and of
those in controversy together with the substance of the proof relating thereto in sufficient detail to make it
clearly intelligible, with page references to the records and to the transcript of the record.)
STATEMENT OF THE ISSUES
The issues of law and of facts raised in this case are as follows:
(Make a clear and concise statement of the issues of fact or law to be submitted to the court for judgment.)
ARGUMENT
(Discuss under each of assigned errors appellant’s arguments, with page references to the record. The
authorities relied upon shall be cited by the G.R. No. of the case and the date)
PRAYER
WHEREFORE, Defendant-appellant respectfully prays that the questioned decision, Annex “A” of the trial
court be set aside and nullified, and judgment be rendered in favor of defendant-appellant as prayed for his
complaint, as follows: (copy)
Defendant-appellant further prays for such other reliefs as may be just and equitable in the premises.
Quezon City. May 30, 2017
ATTY. JOSE CRUZ

Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
APPENDIX “A”
(Certified True Copy of the Judgment appealed from)
That I am the messenger of Atty. Jose Cruz, counsel for the accused in the case entitled “Juan Delos
Santos v. People of the Philippines, C.A.-G.R. No. 1234 and that such messenger I served upon the counsel of
adverse party and other parties, the petition filed in said case, as follows:
Atty. Josie Reyes, counsel for complainant by registered mail by depositing the copy in the post office in
JUANA SANTOS
__________________________.
JOSE CRUZ
Notary Public
Place: Quezon City
DOC. NO._______ ROA No. 412121
PAGE NO._______ PTR No. 0512133-1.15.15-QC
BOOK NO._______ IBP LM No. 04231.14.04
Branch 1
Quezon City

Plaintiff

-for- Estafa
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
APPLICATION FOR SEARCH WARRANT
THE UNDERSIGNED Pepe Diokno, after having been duly sworn, states:
1. That Juan Dela Cruz, who may be found at 123 ABC Compound, Quezon City, is in possession or has in his
control, the following personal property:
a. Subject of the offense of estafa namely:

(specific description of the personal property)
b. Stolen or embezzled and other proceeds or fruits of the offense of estafa, namely:
(list them specifically)
c. Used or intended to be used as the means of committing the offense of estafa, namely:
(specifically describe and list them)
which he is keeping and concealing in the premises above described.
2. That a search warrant should be issued to enable any agent of the law to take possession and bring to this
Honorable Court the following described property:
(give a complete and detailed description of items to be seized)
WHEREFORE, the undersigned prays that this Honorable Court issue a search warrant for the crime of Estafa,
authorizing any agent of the law to search the premises above-described and to seize and surrender to this
Honorable Court the personal properties mentioned above to be dealt with as the law directs.
Pepe Diokno
Applicant
SUBSCRIBED AND SWORN to before me this 20 th day of May 2017, at Quezon City, Philippines.
The undersigned Prosecutor certifies that he personally examined the affiant and that he is satisfied that
he voluntarily executed and understood his complaint-affidavit.
(Signed) Prosecutor
Branch 1
Quezon City

Plaintiff

-for- Estafa
JUAN DELA CRUZ,
Accused.
x----------------------------------------x
MOTION TO QUASH SEARCH WARRANT OR

TO SUPPRESS ILLEGALLY SEIZED PROPERTIES
ACCUSED, by counsel and to this Honorable Court, respectfully alleges:
1. This Honorable Court issued a search warrant on May 28, 2017 upon application of Pepe Diokno, for the
specific offense of Estafa.
2. The search warrant is fatally defective and that the seized personal properties pursuant thereto are
illegally seized, on the following grounds.
3. The applicant of the warrant, Pepe Diokno, did not have personal knowledge of the existence of
probable cause, as his knowledge was acquired only from information supplied by unknown police
informants who were not presented as witnesses by the applicant.
4. The searching police officers went beyond the scope of the search warrant because, not finding the
properties to be seized at the specific place described in the warrant, they went to other places and
seized therein personal properties not described in the warrant.
5. The search warrant is a general search warrant because the description of the personal properties were
so general and vague that every personal properties in the indicated premises could be seized
indiscriminately, which are not related to the specific offense of Estafa, in connection with which the
search warrant was applied for and issued.
WHEREFORE, accused prays that the search warrant be quashed and all the personal properties seized
pursuant thereto be immediately returned to the accused and/or the same be suppressed in any
proceedings as evidence against herein accused.
ATTY. JOSE CRUZ

Counsel for Accused
Tel. No.: 123-4567 Telefax: (0632) 891-01112
HON. JUAN LUNA

Quezon City
ATTY. JOSIE REYES

Quezon City
Greetings:
Please submit the foregoing Motion to Quash Search Warrant for the consideration and approval of this
Honorable Court immediately upon receipt therefore, or at such time as convenient to the Honorable Court.
as well.
ATTY. JOSE CRUZ

Republic of The Philippines Regional Trial Court National Capital Judicial Region Branch 1 Quezon City

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Republic of the Philippines

REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES,

-versus- Criminal Case No. 77

MOTION FOR LEAVE TO FILE

March 3, 2017. City of Manila.

ATTY. JOSE CRUZ

Copy-furnished and Explanation

HON. JUAN LUNA

ATTY. JOSIE REYES

ATTY. JOSE CRUZ

PEOPLE OF THE PHILIPPINES,

-versus- Criminal Case No. 77

2. This demurrer to evidence is based on the following grounds:

(Discuss in detail why there is insufficiency of evidence)

(Discuss in detail the said ground)

March 18, 2017. City of Manila.

ATTY. JOSE CRUZ

Copy-furnished and Explanation

HON. JUAN LUNA

ATTY. JOSE CRUZ

PEOPLE OF THE PHILIPPINES,

-versus- Criminal Case No. 77

MOTION FOR NEW TRIAL

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

(Discuss and show the errors of law or irregularities committed)

(Discuss the elements of newly discovered evidence)

March 18, 2017. Quezon City.

ATTY. JOSE CRUZ

Copy-furnished and Explanation

HON. JUAN LUNA

ATTY. JOSIE REYES

ATTY. JOSE CRUZ