Republic of the Philippines

REGIONAL TRIAL COURT

Judicial Region

THE PEOPLE OF THE PHILIPPINES, CRIM. CASE NOS.

Plaintiff,

-versus-

FOR: Illegal Possession of

Accused. Firearm and Ammunition
x-----------------------------------x

MOTION TO DISMISS

COMES NOW, _____________,through the undersigned counsel,

unto this Honorable Court, respectfully submits this Motion to Dismiss on the
ground that the prosecution’s evidences failed to prove the guilt of the
accused by proof beyond reasonable doubt.

STATEMENT OF THE CASE

Accused ____________ is charged for Illegal Possession of Firearms
and Ammunitions in Violation of Sec. 28 (e) 1 in relation to Section 28 (a) of
Article V of Republic Act No. 10591. He pleaded not guilty to the crime
charged and trial on the merits ensued. After the prosecution has rested its
case last May 16, 2019. The Honorable Court directed tha prosecution to
submit its formal offer within ten (10) days.

From the time the Honorable Court issued an order dated May 16,
2019 for the submission of Prosecution’s Formal Offer of Exhibits , it has
been two (2) years and five (5) Months that the prosecution failed to file and
submit its formal offer od exhibits. Thus, the Prosecution has deemed to
have waived its right to submit its formal offer of exhibits, accused is
strongly convinced and so holds that the prosecution miserably failed to
establish his guilt beyond reasonable doubt since the corpus delicti of the
crime charged was never formally offered and admitted in evidence.

DISCUSSIONS AND ARGUMENTS

There is a need to dismiss the case against the accused

___________ because there were no evidences admitted against accused
to prove his guilt beyond reasonable doubt.

Thus, not only the prosecution failed to prove the elements of the
crime of illegal possession, it was not brought in court for the identification
of the arresting officer when he was presented last May 16, 2019. The object
evidence that is the firearm and ammunition were not fully established to be
existing. Moreso, failed to offer the alleged object evidence in court.

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 Further, the prosecution has failed to established the corpus delicti of
the crime charge against him that is “the fact that the accused who
possessed or owned the same does not have the corresponding
license for it” when the the evidence was not formally offered. Thus, for
the failure of the prosecution to submit their formal offer it is as if there
were no evidence presented.

All told, for failure to establish that accused was in possession of the
alleged firearm and ammunition and has no license to possess, rendering the
prosecution unable to prove the guilt of the accused beyond reasonable
doubt, the instant case deserve dismissal.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully
prayed of this Honorable Court that the case against the accused be
dismissed on the ground that the evidences of the prosecution failed to
prove the guilt of the accused beyond reasonable doubt.

Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED., Philippines, 03 November 2021.

By:

NOTICE OF HEARING

THE CLERK OF COURT

REGIONAL TRIAL COURT

Greetings!

Kindly take notice that the undersigned counsel is submitting the

foregoing Motion to Dismiss for consideration and approval of the Honorable
Court without further oral argument or appearance of counsel.

COPY FURNISHED:

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