REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH 79
LAS PIÑAS CITY, METRO-MANILA

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - CRIM. CASE NO. 56824

FOR: Attempted Homicide

SIM FAJARDO,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO FILE DEMURRER

TO EVIDENCE WITH LEAVE OF COURT

ACCUSED, SIM FAJARDO, through counsel, unto this Honorable Court, most
respectfully states, that:

1. The Prosecution has already rested its case after its Formal
Offer of Evidence was filed and admitted by this Honorable
Court on April 25, 2008;
2. The Prosecution presented private complainant Michael Ilano
and Edwin Sevidal;
3. According to the private complaiant, he was stabbed by herein
accused on his left waist , his right arm, and on his left rib1;
4. However, based on the evidence of the prosecution itself ,
specifically the Medical Certificates and Hospital Records
marked as Exhibits B, O, and P of the prosecution,
no evidence would show that ILANO was stabbed at his
stomach and his ribs;
5. The pieces of evidence negate ILANO’s testimony;
6. The prosecution failed to establish the injuries sustained by
the ILANO as alleged in the Information;
7. The evidence adduced by the Prosecution is insufficient to
prove the guilt of herein accused, thus, demurrer to evidence
may be filed.

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court that herein accused be allowed to file Demurrer to

1
Pages 8 Direct Examination of Michael Ilano dated March 12, 2007
Evidence with Leave of Court within TEN (10) days from approval of this
Motion.
Other just and equitable reliefs are likewise prayed for.
Las Piñas City, Metro-Manila.
April 27, 2008.

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Las Piñas City District Office
3rd Floor, Hall of Justice
Las Piñas City, Metro Manila

BY:

ERIC FUENTES
Public Attorney II

NOTICE AND COPY FURNISHED

THE BRANCH CLERK OF COURT

MTC, Branch 79
Las Piñas City, Metro Manila

HON. PROS. CARLO DL. MONZON

Office of the City Prosecutor
Las Piñas City, Metro Manila

Greetings:

Please take notice that the undersigned shall submit the foregoing
Motion for the consideration and approval of the Honorable Court on
May 9, 2008 (FRIDAY) at 8:30 A.M.

ATTY. ERIC FUENTES