Scribd Logo
Upload

Welcome to Scribd!

  • 145 views

    Motion For Leave To File Demurrer

    Uploaded by

    Leonel Cadiz
    This document is a motion filed by the defense counsel requesting leave from the court to file a demurrer to evidence in the criminal case of People of the Philippines vs. Cassey Edward Flores Ballo. The motion argues that the prosecution failed to follow proper evidence marking procedures and that there is insufficient evidence to sustain a conviction. It requests the court grant permission to file the demurrer within 10 days of its order. The notice attached asks the clerk of court to promptly submit the motion for consideration and informs the prosecution of the filing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Motion For Leave To File Demurrer

    Uploaded by

    Leonel Cadiz
    145 views2 pages
    This document is a motion filed by the defense counsel requesting leave from the court to file a demurrer to evidence in the criminal case of People of the Philippines vs. Cassey Edward Flores Ballo. The motion argues that the prosecution failed to follow proper evidence marking procedures and that there is insufficient evidence to sustain a conviction. It requests the court grant permission to file the demurrer within 10 days of its order. The notice attached asks the clerk of court to promptly submit the motion for consideration and informs the prosecution of the filing.

    Original Description:

    Motion to Dismiss via Demurrer

    Original Title

    Motion for leave to file Demurrer

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is a motion filed by the defense counsel requesting leave from the court to file a demurrer to evidence in the criminal case of People of the Philippines vs. Cassey Edward Flores Ballo. The motion argues that the prosecution failed to follow proper evidence marking procedures and that there is insufficient evidence to sustain a conviction. It requests the court grant permission to file the demurrer within 10 days of its order. The notice attached asks the clerk of court to promptly submit the motion for consideration and informs the prosecution of the filing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    145 views2 pages

    Motion For Leave To File Demurrer

    Uploaded by

    Leonel Cadiz
    This document is a motion filed by the defense counsel requesting leave from the court to file a demurrer to evidence in the criminal case of People of the Philippines vs. Cassey Edward Flores Ballo. The motion argues that the prosecution failed to follow proper evidence marking procedures and that there is insufficient evidence to sustain a conviction. It requests the court grant permission to file the demurrer within 10 days of its order. The notice attached asks the clerk of court to promptly submit the motion for consideration and informs the prosecution of the filing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    REGIONAL TRIAL COURT


    FOURTH JUDICIAL REGION
    Branch 167
    Lucena City

    PEOPLE OF THE PHILIPPINES,


    Complainant
    Crim. Case No. 2019-2108 and
    2019-2109

    --versus--
    For: VIOLATION OF SEC 5 AND 11,
    ARTICLE II OF RA 9165
    CASSEY EDWARD FLORES BALLO
    Accused.
    x---------------------------------------------------x

    MOTION FOR LEAVE OF COURT


    TO FILE DEMURRER TO EVIDENCE
    COMES NOW all of the accused, thru counsel and unto this Honorable
    Court, most respectfully avers:

    1. That the prosecution rested its case last October 23, 2020 and the
    defense were given 5 days to submit this Motion for Leave of Court to
    file Demurrer to Evidence or until today October 28, 2020;

    2. That we are intending to file a Motion to Dismiss by way of Demurrer


    to Evidence pursuant to Rule 119 Section Section 23;

    3. That perusal of the records of the case shows that no elected officials
    were present during the marking of the subject illegal drugs in this case
    which is a blatant disregard of Section 21 of Republic Act 9165;

    4. That the Demurrer to Evidence is principally grounded, among


    others, on insufficiency of evidence presented by the prosecution;

    PRAYER

    WHEREFORE, premises considered, we pray upon this Honorable Court


    that this Motion for Leave to file Demurrer to Evidence be granted to allow
    the filing of the accused’s Demurrer to Evidence with the appropriate
    Page 1|2
    leave of court within 10 days from receipt of the Order of this Honorable
    Court.

    This 28th day of October, 2020 at Lucena City, Quezon, Philippines.

    Counsel for the accused:

    Cadiz law office

    ATTY. LEONEL P. CADIZ


    Roll No. 64726
    No. 30, 2nd Floor, Cabana Street, Barangay 3, Lucena City
    IBP No. 108388 issued 1-8-2020 at IBP Bldg. Pasig City
    MCLE Compliance No. VI-002747; valid until April 14, 2022
    PTR. No. 1051069 issued 1-2-2020 at Lucena City
    [email protected] ; 09338252770 ; (042) 785-8101

    NOTICE

    Horoable Clerk of Court


    RTC Branch 167
    Lucena City, Quezon

    Greetings!

    Kindly submit the foregoing MOTION FOR LEAVE TO FILE DEMURRER TO EVIDENCE for the kind
    and prompt consideration of this Honorable Court immediately upon receipt hereof without further
    arguments. Should this Honorable Court deemed it fit to hear this Motion, we will be accommodating the
    calendar of this Court at its most convenient and soonest possible time considering the urgency of this
    Motion.

    Thank you very much.

    Counsel for the accused:

    ATTY. LEONEL P. CADIZ

    Copy Furnished:

    Pros. Jesselton Danao


    Office of the City Prosecutor
    Lucena City

    Page 2|2

    You might also like