Republic of the Philippines

xxxxx Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch --
(Location)-------------

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE No. xxxxxxx

-versus-

xxxxxxxxxxxxxxxxxxxxxxxx,
Accused.
x--------------------------------------x

MOTION FOR LEAVE OF COURT TO FILE MOTION TO

DISMISS ON DEMURRER TO EVIDENCE

and

TO ADMIT ATTACHED MOTION TO DISMISS ON

DEMURRER TO EVIDENCE

TO THIS HONORABLE COURT, Accused, through the

undersigned counsel, most respectfully moves that:

1. On xxxxxxxxxxxxxxxxxx, the prosecution formally offered

its documentary exhibits, the prosecution on the same
date, rested its case;

2. On the same date, this Honorable Court ruled on the

formal offer made by the prosecution;

3. Accused respectfully manifest his intention to file a

Motion to Dismiss on Demurrer to Evidence for failure of
the prosecution to sustain the quantum of proof required
in convicting the accused beyond reasonable doubt. The
prosecution’s documentary exhibits, standing alone, are
insufficient to prove the culpability of the accused;

1
 4. By way of manifestation, accused prefers to specifically
and exhaustively discuss his grounds in the motion to
dismiss on demurrer to evidence; and,

5. This Motion is filed in good faith and is not meant to

frustrate the ends of justice.

PRAYER

PREMISES CONSIDERED, accused respectfully prays the

Court to issue an order:

1. Allowing the accused to file A Motion to Dismiss on

Demurrer to Evidence;

2. To admit the attached Motion to Dismiss on Demurrer to

Evidence should the Motion for Leave of Court to File
Motion to Dismiss on Demurrer to Evidence be granted;
and,

3. Grant unto him all other reliefs just and proper.

(Location)-----------. ------------- 2018.

xxxxxxxxxxxxxxxxxxxxxx
Roll No.: 123456
IBP OR No.: 123456, xxxxxxxxxx, (Location)------ (Lifetime)
PTR OR No.: 1234567, xxxxxxxxxx, (Location)----------
MCLE Compliance no. XIIIIV – xxxxxxxxxxxxxx

REQUEST FOR HEARING

The Honorable Clerk of Court

Municipal Trial Court in Cities
Branch ---
(Location)-------------

Greetings! Kindly submit the foregoing MOTION FOR LEAVE OF COURT

TO FILE MOTION TO DISMISS ON DEMURRER TO EVIDENCE AND TO
ADMIT ATTACHED MOTION TO DISMISS ON DEMURRER TO
EVIDENCE for consideration and resolution of the Honorable Court
preferably on -------------, 2018 at 8:30 o’clock in the morning or at any
date most convenient to the Honorable Court. Thank you.

2
 -------------------------

NOTICE OF FILING

The Prosecution

Greetings! Please be notified that the accused, through counsel, has

asked the Honorable Court to peruse the foregoing MOTION FOR LEAVE
OF COURT TO FILE MOTION TO DISMISS ON DEMURRER TO
EVIDENCE AND TO ADMIT ATTACHED MOTION TO DISMISS ON
DEMURRER TO EVIDENCE and resolve the same preferably on
------------, 2018 or at any date most convenient to the Honorable Court.
Thank you.

------------------------

PROOF OF SERVICE

Copy furnished:

The People
Thru: Associate City Prosecutor --------------
Office of the ------------------
(Location)--------------

EXPLANATION: For lack of messengerial help and due to the distance between
the office address of the counsel of the protestant and those of the adverse
party and of the Honorable Court, the service and filing of the foregoing paper
have been made through registered mail. (Note: Please ignore the explanation if
personal mode of service/filing has instead been resorted to.)

--------------------------