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. 58318

FOR: Violation of P.D. 9, In relation to
B.P. Blg. 6

JOSE DESTOR y HABONILLO,

Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO FILE DEMURRER

TO EVIDENCE WITH LEAVE OF COURT

ACCUSED, JOSE DESTOR , 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;
2. The Prosecution has presented P03 ENRICO DE LEON , BT
ROMEO YARANON , KEITH ROMARAOG AND P03 RODAJE II
to prove the material allegations in the Information;
3. The prosecution failed to establish that the search made
against the accused was legal ;
4. Considering that the search and seizure is in violation of the
Constitution and the Rules of Court , all the items seized ,
being “fruits of the poisonous tree , ” are inadmissible for any
purpose in any proceeding”;
5. Likewise, the subject knife was not formally offered in
evidence;
6. 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
Evidence with Leave of Court within FIFTEEN (15) days from approval of
this Motion.
 Other just and equitable reliefs are likewise prayed for.
Las Piñas City, Metro-Manila.
MARCH 19, 2007.

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
March 23, 2007 at 8:30 A.M.

ATTY. ERIC FUENTES