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. 57399

FOR: Violation of B.P. 22

REYNALDO VILLAMOR
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO FILE DEMURRER

TO EVIDENCE WITH LEAVE OF COURT

ACCUSED, 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 the private complainant as
prosecution witness and the check and demand letters as
documentary evidence to prove the material allegations in the
Information;
3. Pursuant to Section 2 of B.P.22 1, the prosecution failed to
establish knowledge of insufficient funds by failure of the accused to
receive demand letter;
4. 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
SEC. 2. Evidence of knowledge of insufficient funds. The making, drawing and issuance of a check payment of
which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety
(90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or
credit, unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for
payment in full by the drawee of such check within five (5) banking days after receiving notice that such check has not
been paid by the drawee.
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 30, 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

ATTY. BENJAMIN V. ARITAO

S-210 WINDSOR TOWER
163 LEGASPI ST. LEGASPI VILLAGE,
MAKATI CITY

Greetings:

Please take notice that the undersigned shall submit the foregoing
Motion for the consideration and approval of the Honorable Court on
May 19, 2008 (FRIDAY) at 8:30 A.M.

ATTY. ERIC FUENTES