The defense counsel filed a Motion for Leave to File Demurrer to Evidence in the criminal case of Queen Ravena versus Huntsman Eric for reckless imprudence resulting to damage in property. In the motion, the defense counsel argues that the prosecution's evidence is insufficient to establish guilt beyond reasonable doubt. The defense requests the court grant the motion to allow the filing of a demurrer to evidence. Proof of service of the motion to the prosecution is also included.
The defense counsel filed a Motion for Leave to File Demurrer to Evidence in the criminal case of Queen Ravena versus Huntsman Eric for reckless imprudence resulting to damage in property. In the motion, the defense counsel argues that the prosecution's evidence is insufficient to establish guilt beyond reasonable doubt. The defense requests the court grant the motion to allow the filing of a demurrer to evidence. Proof of service of the motion to the prosecution is also included.
The defense counsel filed a Motion for Leave to File Demurrer to Evidence in the criminal case of Queen Ravena versus Huntsman Eric for reckless imprudence resulting to damage in property. In the motion, the defense counsel argues that the prosecution's evidence is insufficient to establish guilt beyond reasonable doubt. The defense requests the court grant the motion to allow the filing of a demurrer to evidence. Proof of service of the motion to the prosecution is also included.
(NPS-XI-04-INQ-151-00201) FOR: RECKLESS IMPRUDENCE RESULTING TO DAMAGE IN PROPERTY
HUNSTMAN ERIC Accused. x ------------------------------x
MOTION FOR LEAVE
TO FILE DEMURRER TO EVIDENCE The accused, Hunstman Eric, through counsel and unto this Honorable Court, most respectfully states: 1. That the prosecution in the above entitled case has already rested its case; 2. That the defense believes that the evidence of the prosecution against the accused is insufficient to establish the guilt of the accuses beyond reasonable doubt, thus, the defense prays for leave to file demurrer to evidence in accordance with Section 33, Rule 119 of the Rules of Criminal Procedure. PRAYE R WHEREFORE, premised on the foregoing consideration and in the interest of justice, it is most respectfully prayed of this Honorable Court that the aforesaid motion be granted. Other just and equitable relief are likewise prayed for.
RESPECTFULLY SUBMITTED 4 APRIL 2016 DAVAO CITY, PHILIPPINES
ATTY. ELREEN PEARL A. AGUSTIN
Counsel for Accused Notary Public for Davao City Appointment No. 18464 until December 2016 PTR No. 2426856; Davao City; Jan 4, 2016 IBP No. 675345; Davao City; Jan 4, 2016 Roll of Attorneys No. 6473654 MCLE Compliance No. IV-00734/12 May 2015 Rebel Alliance Law Firm, Republic Building Magallanes Street, Davao City
REQUEST FOR AND NOTICE OF HEARING
The Clerk of the Court Metropolitan Trial Court, Branch 5 Davao City Greetings. Please submit the foregoing Motion for its consideration and approval of the Honorable Court.
ATTY. ELREEN PEARL A. AGUSTIN
Counsel for Accused
ATTY. BERNIE C. PRINGASE
Counsel for Plaintiff Supreme Chancellor Law Firm Adminitration Building, Galactic Empire Matina, Davao City Greetings. Please be notified that the foregoing Motion shall be submitted for consideration and approval of the Honorable Court without further arguments of counsel.
ATTY. ELREEN PEARL A. AGUSTIN
Counsel for Accused
Copy furnished through personal service:
ATTY. BERNIE C. PRINGASE Counsel for Plaintiff Supreme Chancellor Law Firm Adminitration Building, Galactic Empire Matina, Davao City Received by: Date:
REPUBLIC OF THE PHILIPPINES)
CITY OF DAVAO ) s.s PROOF OF PERSONAL SERVICE I, Clark Kent, of legal age, and having been duly sworn depose and say that: I am the messenger of Atty. Elreen Pearl A. Agustin, counsel for the accuses in the case entitled "Queen Ravena vs. Huntsman Eric," Civil Case No. 104501, and that as such messenger I served upon the counsel for plaintiff, Atty. Bernie Pringase, the foregoing Motion for Leave to file Demurrer to Evidence filed in said case, by delivering personally a copy of said motion upon said lawyer who confirmed receipt thereof on April 6, 2016 as shown by his signature on the said motion. IN WITNESS WHEREOF, I have signed this affidavit on the 7th day of April 2016 in Davao City, Philippines. JURAT SUBSCRIBED AND SWORN TO BEFORE ME, in the City of Davao this 7th day of April 2016, the affiant exhibiting to me his Driver's License No. 0918675633 issued by the Land Transportation Office on December 8, 2014, and Community Tax Certificate No. 23245564 issued on January 4, 2016 at Davao City.
ATTY. ELREEN PEARL A. AGUSTIN
Counsel for Accused Notary Public for Davao City Appointment No. 18464 until December 2016 PTR No. 2426856; Davao City; Jan 4, 2016 IBP No. 675345; Davao City; Jan 4, 2016 Roll of Attorneys No. 6473654 MCLE Compliance No. IV-00734/12 May 2015 Rebel Alliance Law Firm, Republic Building Magallanes Street, Davao City