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DEMURRER TO EVIDENCE
COME NOW, the accused by the undersigned counsel and unto this Honorable
1. The Honorable City Prosecutor 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
2. Anent on the first ground, the accusatory affidavit (Exhibit “A”) of private
as said complainant himself testified in open court that he signed the subject
affidavit five (5) days after the incident took place on September 25, 2005 .
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Records would show that the private complainant was asked at least twice and
he specifically stated that he signed the affidavit five (5) days after
September 25, 2005 which is directly in conflict with the subscribed date of
September 27, 2005 on the subject affidavit. It also bears stress that the
language and in fact, his very testimony in court would clearly show that he is
When compared closely to the supporting affidavit (Exhibit “B”) of witness Jovie
Gumapa, both affidavits lose their credibility entirely as they clearly appear to be
in obvious conflict with each other. More specifically, the two (2) subject affidavits
was talking to Eddie Lobaton he was struck from behind while witness
Gumapa stated in his affidavit (exhibit “B”) that Mr. Panganiban was
already on his way home when he was shouted upon that he would
beer bottle first and then he was hit by a steel pipe after while witness
Gumapa stated in his affidavit that Mr. Panganiban was hit with a steel
fact close to the private complainant (who is his godfather) which puts to
question his very credibility as a witness and not to mention that he is only a
minor.
admitted that he was drunk, he was carrying a bolo, he challenged the general
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public to a fight and then he was hit from behind while talking to Eddie Lobaton.
If this were so, it would be clearly impossible for Mr. Panganiban to identify at
7:00 P.M. on a farm area who was the one who hit him if any, or at the very least
say with definite certainty that it was really the accused who hit him as he was in
fact already drunk at that time. Herein accused respectfully submit that this even
3. Anent on the second ground, the extract police report (Exhibit “C”), does not
show any specific admission by the accused that he hit Ricky Panganiban
by the use of a steel pipe nor was he duly represented by counsel at the
time of surrender. It also bears stress that even though the subject blotter
report made mention of a bolo and a steel pipe, no such weapon or any
therefore respectfully submitted by the herein accused that without any physical
evidence shown in open court to explain that the same caused injuries to the
private complainant, this is clearly lack of evidence which once again constitutes
reasonable doubt.
4. Anent on the third and final ground, the testimony of Dr. Jose Pepito Libo-on who
records would show that the said witness did not even positively identify the
that he could not even recall what time he examined the private complainant
(assuming it was really Mr. Panganiban) nor could he even determine what
object or weapon if any, brought about the alleged injuries to said complainant.
Finally, the medical certificate itself is inaccurate as Dr. Libo-on himself admitted
in open court that the private complainant (assuming it was really Mr.
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Panganiban) did not have any major injuries, was sent home without need of
further admission to a hospital and could already go back to work if he chose to.
This is in conflict with the medical certification issued stating that the private
complainant would need nine (9) days medical attention as Dr. Libo-on likewise
admitted that he did not anymore recall having examined said witness afterwards
and that the nine (9) days actually mean “healing period” only and not the
be now dismissed due to lack of compelling evidence to establish the guilt of the
Such other reliefs just and equitable under the premises are likewise prayed for.
Respectfully Submitted.
COPY FURNISHED: