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1.C.

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus – Criminal Case no. 1234

Homicide

A,

Accused.

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DEMURRER TO EVIDENCE

The accused, through the undersigned counsel, and unto this

Honorable Court, respectfully moves to dismiss the above-captioned
cases on the ground of insufficiency of evidence.

The following is the information filed with this Honorable Court,

and the respective accusatory portions read:

That on or about the 12th day of November, in the

City of Manila, and within the jurisdiction of this Honorable
Court, the said accused, with no intent to kill, accidentally
pulled the trigger of his gun and shot B, after a heated
argument between the two upon knowledge of A that B
was a transgender, inflicting upon B fatal wounds in the
neck and head which caused the direct death of B.

CONTRARY TO LAW.
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The accused pleaded “Not Guilty” to the charge. The

prosecution presented on trial the testimonies of Juan Dela Cruz and
Maria Santiago.

GROUNDS RELIED UPON ON THE MOTION FOR DEMURRER OF

EVIDENCE

The accused, through the undersigned counsel most

respectfully aver that:

1. The Honorable City Prosecutor has already presented evidence

for the Prosecution and has formally rested its case. In
accordance with the present rules on criminal procedure, herein
accused now respectfully file this present Demurrer to Evidence
which is anchored on the following grounds:

a. The accidental act of pulling the trigger of the gun which

killed B is an act of self-defense. Under Article 11 of the
Revised Penal Code, anyone who acts in defense of his
person or rights, provided that it concurs with the
requisites of unlawful aggression, reasonable necessity of
means employed to prevent or repel it, and lack of
sufficient provocation, is considered a justifying
circumstance which makes the party making the defense
not liable for any criminal offense.

b. Before the act of pulling the trigger of the gun, A was

dumbfounded upon knowledge that his wife was a
transgender. The fight ensued with B attacking A with a
knife. In order to defend himself, A obtained his gun and
pointed it at B just to frighten her. Unfortunately, A
accidentally pulled the trigger of the gun, resulting to the
death of B.

c. The testimonies of Juan Dela Cruz and Maria Santiago

and the pieces of evidence presented by the Honorable
City Prosecutor did not disprove the justifying
circumstance of self-defense.

PRAYER FOR RELIEF

Wherefore, premises considered, accused, through

undersigned counsel pray of the Honorable Court that:

1. The motion for demurrer of evidence be granted.

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2. The above-mentioned criminal case be dismissed.

3. Other just and equitable reliefs are likewise prayed for.

Manila City, Philippines, November 30, 2020.

ATTY. JEFF P. BARON

Counsel for Accused
No. 123 Sta. Cruz, Marinduque
IBP No. 123456 / 01-03-11 / Taguig City
PTR No. 123456 / 01-03-11 / Taguig City
Roll of Attorneys No. 48949
MCLE No. 123456 / April 16, 2010