REPUBLIC OF THE PHILIPPINES

Supreme court
MUNICIPAL TRIAL COURT OF
OF ILIGAN CITY
Province of Lanao Del Norte
Tubod, Iligan City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 111

Complainant, FOR: SLIGHT PHYSICAL INJURIES
-versus-
JUAN DELA CRUZ,
Accused.
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DEMURER TO EVIDENCE
NOW COMES the Accused, by his undersigned counsel, to this
Honorable Court and most respectfully avers:

1. That the Prosecution has already presented evidence for the Prosecution
and has formally rested its case. In accordance with the present rules on
criminal procedure, herein accused now respectfully file this present
Demurrer to evidence which is anchored on the following grounds:

a) The statements or testimony of private complainant Maria

Clara do not coincide with the statement/testimony of Camel
Kuzan who is the sole eye witness for the prosecution;

2. Concerning on the first ground, the accusatory affidavit of private

complainant Maria Clara is highly questionable and in fact inadmissible as
said complainant herself testified in open court that different from what
she stated in her affidavit.
a) We compared closely to the affidavit of witness Camel kuzan,
 both affidavits lose their credibility entirely as they clearly
appear to be obvious conflict with each other. More specifically,
the two (2) subject affidavits when compared on face value show
the following conflicting version:
b) Complainant Maria Clara stated that in her affidavit that she was
grabbed, dragged, and pushed by the accused while witness
Camel Kuzan stated in his affidavit that the complainant Maria
Clara accidentally bumped another person while approaching
the accused and had been unconscious for at least 6 seconds.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that this case be now dismissed due to lack of compelling evidence
to establish the guilt of the accused beyond reasonable doubt.

Such other reliefs just and equitable under the premises are
likewise prayed for.
Respectfully submitted.

Tubod, Iligan City February 10, 2023.

(signed)
Atyy. John Doe
Notary Public
Roll No.xx/xxx
IBP. No. xx/xxx
MCLE Compliance No. xx
PTR No. xxx/xxx
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