Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

First Judicial Region
BRANCH 2
Baguio City

THE PEOPLE OF THE

PHILIPPINES,
Plaintiff, CRIM. CASE No. 136105

For:
- versus -
VIOLATION of SECTION 6 of
RA No. 8485
JOEFFREY (JOE) PASOS,
Accused.
x-----------------------------------------
-x

DEMURRER to EVIDENCE

WITH DUE RESPECT to the HONORABLE COURT, the

Accused, through counsel, dutifully states that:

1) During the hearing last 20 October 2021, the prosecution

rested its case, and the accused was granted leave by the Honorable
Court to ;

2) By way of this Demurrer to Evidence, the above-named

accused alleges that the Prosecution failed to adduce sufficient
evidence to prove the guilt of the accused beyond reasonable doubt,
particularly for failing to show that there was indeed a violation of
the provisions of Republic Act No. 8485, particularly Section 6
thereof;

3) The foregoing provision provides as follows:

“SECTION 6. It shall be unlawful for any person to

torture any animal, to neglect to provide adequate care,
subject any dog or horse to dogfights or horsefights, kill or
cause or procure to be tortured or deprived of adequate
care, sustenance or shelter, or maltreat or use the same in
research or experiments not expressly authorized by the
Committee on Animal Welfare.”;

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 4) In the Information, the above-named accused was charged as
for violation of Section 6 of Republic Act No. 8485, committed as
follows:

“That on or about the 5th day of December 2016, in the

City of Baguio, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused did then
and there willfully, unlawfully and feloniously poison a dog,
a two (2) month old German Shepherd valued at
Php10,000.00 belonging to ESTELLA MARIE DELOS
REYES y MIRANDA, which caused its death, in violation of
the aforecited law. xxx”

5) It is respectfully argued that the prosecution failed to prove

that the subject dog was killed through poisoning, much less that
the alleged poisoning was caused by the above-named accused;

6)

PRAYER

WHEREFORE, premises duly considered, it is most respectfully

prayed of this Honorable Court to grant leave to the Accused to file his
Demurrer to Evidence pursuant to Section 23 (4), Rule 119 of the Rules of
Court.

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

This 21st day of March 2018, in the City of Baguio, Philippines.

A B S LAW OFFICES
Suite 305, Laperal Building
Session Road, Baguio City
Tel. No. (074) 442 8243

By:

PATRICIA MARIE FRANCES D. CASTRO

PTR No. 3398888/12.11.2017/Baguio City
IBP Lifetime No. 012653/04.04.2014/Baguio City
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 MCLE Compliance No. V – 0002740
Roll No. 63622

NOTICE

The BRANCH CLERK of COURT

Municipal Trial Court in Cities – Branch 2
Baguio City

OFFICE of the CITY PROSECUTOR

Justice Hall, Baguio City

Greetings:

Please take notice that on 28 March 2018, at 8:30 o’clock in the

morning, or as soon thereafter as counsel and the matter may be heard, the
undersigned will submit the foregoing Motion for Leave of Court to File a
Demurrer to Evidence, for the approval of the Honorable Court.

PATRICIA MARIE FRANCES D. CASTRO

COPY FURNISHED:

OFFICE of the CITY PROSECUTOR

Justice Hall, Baguio City

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