REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7TH JUDICIAL REGION
BRANCH 62, OSLOB, CEBU

PEOPLE OF THE PHILIPPINES, Crim. Case No. 0S-08-497

Plaintiff,
For: Qaulified Theft
-versus-

MYRNA LUNDITE and REBECCA

GUMAPON,
Accused.

X------------------------x

MOTION FOR LEAVE TO FILE DEMURRER TO

EVIDENCE

COME now ACCUSED, through the undersigned counsel, to this

Honorable Court, most respectfully STATES:

1. That on March 22, 2011, the Honorable Court gave the accused a non-
extendable period of five (5) days on until March 27, 2011 within which to file a
Motion for Leave to File Demurrer to Evidence;

2. In compliance with the Revised Rules of Court, attached in the motion

is the Demurrer to Evidence.

WHEREFORE, it is most respectfully prayed of this Honorable Court to

grant leave for the accused to file the attached Demurrer to Evidence, and
accordingly, after due notice and hearing, dismiss the above-entitled case for
failure of the prosecution to present evidence to prove beyond reasonable doubt
that the accused is guilty of the crime as charged in the information.

Respectfully submitted, Cebu City, Philippines, March 25, 2011.

DINOPOL MALAYA ORCULLO ALEJADO & SANDOVAL LAW OFFICE

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 Counsel for the Accused
Room 402 G.K. Chua Building
Sancianco Street, Cebu City
Tel. No. 418-4448

By

ATTY. FRANCIS GEORGE F. DINOPOL

Roll of Attorneys Number 50084
PTR No. 8143168, 01-18-2011 Cebu Capitol
IBP No. 846753, 01-18-2011, Cebu Chapter
MCLE Compliance No. II-0014596

And

ATTY. DOUGLAS C. MALAYA

Roll of Attorneys Number 51469
PTR No. 2911928, 01-05-2010 Talisay, City
IBP Lifetime Member No. 07834, 1-11-08
MCLE Compliance Certificate No. III-0013819

ATTY. EDOUARD Y. SANDOVAL

Roll of Attorneys Number 57625
PTR No. 0843281, 01-04-2011, Cebu City
IBP Lifetime Member No. 09148
Recently Admitted (April 29, 2010) – Exempted MCLE Compliance

NOTICE OF HEARING

The Clerk of Court

RTC Branch 62, Oslob Cebu

Hon. Ma. Lusia B. Ong

Atty. Dominique T. Elnar

Please take notice that the undersigned shall be submitting the foregoing
motion for the consideration of the Honorable Court on April 1, 2011 at 2:00
o’clock in the afternoon sans appearance of counsel and further oral arguments.

Francis George F. Dinopol

Copy furnished:

Atty. Dominique T. Elnar

Unit 2, Josefa Arcade
Mango Park Hotel
Gen. Maxilom Ave., Cebu City

Hon. Ma. Luisa B. Ong

Office of the Provincial Posecutor

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Hall of Justice, Cebu City

Service was done through registered mail instead of personal service due to
distance and lack of personnel.

Atty. Francis George F. Dinopol