Republic of the Philippines

MUNICIPAL TRIAL COURT

Sixth Judicial Region
BRANCH 33
Iloilo City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 10-02501

For: SLIGHT PHYSICAL

-versus- INJURIES

PEDRO B. LUNA,
Accused.
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DEMURRER TO EVIDENCE

COMES NOW, Accused PEDRO B. LUNA, with the assistance

of the Public Attorney’s Office (PAO), unto this Honorable Court, most
respectfully submits this Demurrer to Evidence with the following
allegations:

I. PRELIMINARY STATEMENT

On January 15, 2020, the Provincial Prosecutor of Iloilo filed an

Information against the Accused for Slight Physical Injuries under
Article 249 of the Revised Penal Code.

On January 20, 2020, arraignment was done and the Accused

pleaded ‘NOT GUILTY.’ Thereafter, pre-trial was conducted and
terminated. The Prosecution began to present its evidence on
January 27, 2020. On February 1, 2020, the Prosecution rested its
case and formally offered its evidence on February 5, 2020. On
February 8, 2020, the Honorable Court admitted the Prosecution’s
evidence and declared the Prosecution to have rested its case.

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 On February 10, 2020, the Accused filed a motion for leave of
court to file a demurrer to evidence. On February 11, 2020, the
Honorable Court granted such motion and directed the Accused to
submit his Demurrer within ten (10) days from receipt of the Order.
Thus, this submission.

II. BRIEF STATEMENT OF FACTS

The Information filed alleged that the Accused willfully,

unlawfully and feloniously, and without justifiable cause therefor,
attack, assault, and beat one Juan A. Dela Cruz on January 8, 2020
at Sambag, Jaro, Iloilo City which lead to hospitalization of the victim
for a period of one to nine days because of the injuries inflicted.

III. ISSUES

The sole issue to be resolved at this stage of the proceedings

against the Accused is whether or not the Prosecution has presented
sufficient evidence to sustain a judgment of conviction against the
Accused.

IV. DISCUSSION

Testimony of the eyewitness.

To convict an Accused, it is suffcient to present a positive

identification by a witness during trial due to the close distance of the
witness to where the incident happened. It must also show that the
identified person matches the original description made by that
witness when initially reporting the crime and the unbiased character
of the process of identification made by the witness.

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 The Prosecution presented Manuel Jang, its one of the
eyewitnesses on January 8, 2020. Jang narrated that at around
8:00PM of January 8, while he was approaching near the sari-sari
store, he saw the victim Juan A. dela Cruz, who was standing near
the accused Pedro B. Luna. From his distance which was thirty
meters away from the two of them, he can infer that they were talking.
Suddenly, without any warning the accused punched the victim
several times.

a. Identification of the Accused.

Jang states that he knew the victim very well because he was a
family friend and the Godfather of his daughter. He likewise said that
he was familiar with the Accused for more than 5 months as he was
just transferred his residence at their barangay for about a year. Jang
was consistent in saying that he saw the accused punched the victim.
He also said that as he was walking he suddenly stopped as he was
in the state of shock because of what he saw and he was standing
thirty meters away from the two. Jang positively confirmed that it was
the Accused who punched the victim.

It was clear in Jang’s testimony it was actually the Accused who

punched the victim. Upon cross examination and further inquiry by
the Court, Jang said he was able to identify the from his distance to
where the incident of the fight happened.

Jang herself confirmed that he personally knew the accused

because he was a family friend and a neighbor in Brgy. Sambag,
Jaro, Iloilo City. As such, the fact that the witness was in the area of
incidence and that he knew the both the accused and the victim
necessarily imply that he identify the accused well, as he repeatedly
confirmed both in the direct and cross examination.

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 b. Reporting of the incident

On January 9, 2020, day after the said incident, Manuel Jang

reported the incident to Brgy. Captain Deo Sanchez. The latter told
Jang that the incident will be recorded since the de la Cruz is known
to be troublesome due to his drunkenness and he will send his
Barangay Tanod to check on him. Jang accompanied the Barangay
Tanod who was sent by the Sanchez to the complainant’s residence.
They positively claim that complainant was drunk the following night
as he was asks about it. They asked him if he could remember what
happened last night, he told him that he was drinking and he was
punched by the accused that is why he is suffering the pain in his
upper left cheek. Consistent of his statement, on cross examination,
the witness did reported the incident to the barangay captain and
positively claimed that he witnessed everything that happened that
night.

Due to the reporting that the said witness had made to the
Barangay Captain, it was established that the victim himself was
troublesome and that he was also drunk when the accused punched
him.

Existence of another Eyewitness

As it was stated in the counter affidavit filed by the accused, it

shows that there was another eyewitness who was present and the
saw entire incident. Mr. Roberto Lemon is the owner of the sari-sari
store, was there at the incident and saw why and how the accused
punched the victim. The prosecution only presented an eyewitness
who just arrived when the incident took place. Jang, witness of the

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prosecution had positively identify the accused and the victim but he
did not saw how the happenings arose.

The testimony of Lemon as the eyewitness who saw entire

occurrence rebuts the presumption that Jang had presented to the
court. The defenses wishes to present this eyewitness in order to
establish their claim and to negate the accusation raised against their
side. The account of prosecution’s eyewitness is insufficient and
causes doubt to the entire case.

Presence of Mitigating Circumstances

The complainant alleged in the information that he suffered

slight physical injury as he sustained from the accused after he was
punched on his face. But due to the circumstances attending the
incident, it shows that the complainant incurred the injuries as he
provoked the accused and that the latter has no intention to commit
so grave a wrong.
It shows that the accused was provoked by the complainant
when the latter was continuously punching him and made a heavy
blow on his shoulder. In order for him to stop the act, he did punched
the complainant as he was governed by the annoyance which caused
by the pain inflicted upon him.

The accused is claiming for the Mitigating Circumstances under

Article 13 paragraphs 3 and 4 of the Revised Penal Code. The
accused shows no intention of hurting the complainant but he did the
same due to the annoyance that the latter caused him. That the acts
of the complainant is considered as justiciable cause that provoked
the accused to punch him in order to resist him from doing so.

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 As it can be perceived that the accused has no motive of
inflicting injury to the complainant. That the complainant himself
manifests acts which triggers the accused to do the act of punching
him, his claims arising from the physical injuries cannot be sustained.

PRAYER

WHEREFORE, premises considered, Accused PEDRO B. LUNA

most respectfully prays that Demurrer to Evidence be GRANTED and
that the foregoing case against him be DISMISSED.

Other reliefs just and equitable in the premises are likewise

prayed for.

Respectfully submitted.
Iloilo City, Philippines.
February 19, 2020.

NOTICE

ATTY. ROSELLE JANE E. ESPINA

Branch Clerk of Court
MTC Branch 33
Iloilo City

Greetings!

Please submit the foregoing Demurrer for the consideration and resolution
of the Honorable Court immediately upon receipt hereof. Thank you very
much.

ATTY. DESIREE JANE E. TUBAON

Public Attorney

Copy furnished:

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CITY PROS. MARY HOPE L. TORECHANTE
OFFICE OF THE CITY PROSECUTOR
3F Hall of Justice, Bonifacio Drive
Iloilo City