Scribd Logo
Upload

Welcome to Scribd!

  • 92 views

    Attempted Homicide

    Uploaded by

    Rab Alvaera
    The accused, Sim Fajardo, is charged with attempted homicide. Through their attorney, Fajardo files a motion for leave of the court to file a demurrer to evidence. They argue that the medical evidence presented by the prosecution does not support the testimony of the private complainant about the nature and location of his injuries. Therefore, the prosecution has failed to prove the accused's guilt as alleged in the information. The accused requests 10 days to file the demurrer to evidence if the motion is approved.

    Copyright:

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

    Attempted Homicide

    Uploaded by

    Rab Alvaera
    92 views2 pages
    The accused, Sim Fajardo, is charged with attempted homicide. Through their attorney, Fajardo files a motion for leave of the court to file a demurrer to evidence. They argue that the medical evidence presented by the prosecution does not support the testimony of the private complainant about the nature and location of his injuries. Therefore, the prosecution has failed to prove the accused's guilt as alleged in the information. The accused requests 10 days to file the demurrer to evidence if the motion is approved.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The accused, Sim Fajardo, is charged with attempted homicide. Through their attorney, Fajardo files a motion for leave of the court to file a demurrer to evidence. They argue that the medical evidence presented by the prosecution does not support the testimony of the private complainant about the nature and location of his injuries. Therefore, the prosecution has failed to prove the accused's guilt as alleged in the information. The accused requests 10 days to file the demurrer to evidence if the motion is approved.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    92 views2 pages

    Attempted Homicide

    Uploaded by

    Rab Alvaera
    The accused, Sim Fajardo, is charged with attempted homicide. Through their attorney, Fajardo files a motion for leave of the court to file a demurrer to evidence. They argue that the medical evidence presented by the prosecution does not support the testimony of the private complainant about the nature and location of his injuries. Therefore, the prosecution has failed to prove the accused's guilt as alleged in the information. The accused requests 10 days to file the demurrer to evidence if the motion is approved.

    Copyright:

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

    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

    You might also like