REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Branch ____
Cababanatuan City

THE PEOPLE OF THE PHILIPPINES, CRIMINAL CASE No: 4324

Plaintiff,
FOR: MURDER
-versus-

PIOLO PASCUA and BEA ALONZOSO,

Accused.

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COMMENT TO DEMURRER TO EVIDENCE

The PROSECUTION, unto this Honorable Court, most respectfully

states that:

1. The undersigned Public Prosecutor received the Demurrer to

Evidence of the accused on October 9, 2019, thus giving the prosecution
until October 14, 2019 to file its Comment.

2. In the said Demurrer to Evidence, the accused allege that the

instant case should be dismissed because the prosecution’s evidence is
insufficient to establish their guilt beyond reasonable doubt.

3. The position of the accused is without merit.

4. The defense advance in their demurrer that the Prosecution

has failed to adduce sufficient evidence to overcome the presumption of
innocence. We do not agree.

a.) To meet the requirements of proof beyond reasonable

doubt, the rules only requires moral certainty, or that degree of proof
which produces conviction in an unprejudiced mind. In every criminal
prosecution, the prosecution only needs to establish two things, that is the
commission of the crime and the positive identification of the perpetrator
which was sufficiently established earlier. It seems that the defense
overlooked the positive identification of the sole witness for the
prosecution which would warrant a conviction for the crime of murder in
this case. Under the rules on evidence, the testimony of a single witness, if
positive and credible, is sufficient to support a conviction for murder.

On their allegation that there is no evidence to prove that the

accused is the one who committed the crime, we have earlier presented
evidence to that effect. As mentioned in the preceding paragraph, the sole
witness identification of the accused is sufficient enough to affirm that the
accused (BEA ALONZOSO) was the one who killed the victim (GERALD
BARRETTO).

On the matter of the qualifying circumstances. The accused

alleged that there is failure on the part of the prosecution to prove those
circumstances. We beg to disagree.
1. Treachery was established in this case as the victim was afforded
no opportunity for the defense of his person as he was wrapped of a
plastic garbage bag in his head thereby reducing his means of action and
his visual capacity of the scene. Abuse of superior strength was also
present since the victim who was killed was already of old age suffering of
illness while the accused is of mid 40's without any past or present illness.
2. Circumstance of price, reward or promise was established in this
case as the killing was perpetrated by the accused solely on the
consideration of the reward of money by his co-accused. And that the
reward was given after the commission of the crime as evidenced by the
Western Union Money Transfer Receipt we earlier offered.

b.) The defense allege in their demurrer that no murder weapon

was introduced in the instant case. We oppose this allegation. The defense
must have mistaken that the deceased in this case died due to Asphyxia by
strangulation as evidenced by the autopsy report presented during the
trial. The crime of murder was sufficiently established. The crime was
consummated by the act of covering the head of the victim with garbage
bag and strangling him down on the ground to death. All of this
circumstances are within the personal knowledge of the medico-legal
examiner who conducted the autopsy who can competently explain every
single circumstance sorrounding the fact of death of the victim.

5.) Based on the above discussion, the accused clearly do not have
any basis to state that the prosecution’s evidence is insufficient to establish
his guilt beyond reasonable doubt.

6.) Contrary to the claim of the accused, the prosecution was able
to paint and prove the complete picture surrounding the instant case. It is
now the turn of the accused to prove their side on the matter.

PRAYER

WHEREFORE, the Prosecution respectfully prays that the Demurrer

to Evidence of the accused be denied for lack of merit.

Other reliefs, just or equitable, are likewise prayed for.

Cabanatuan City, Nueva Ecija, Philippines. October 12, 2019.

CYRIL TOMAS
ASSISTANT PROVINCIAL PROSECUTOR

APPROVED:

BELLANIE IDDOBA
PROVINCIAL PROSECUTOR
PRACTICUM I
GROUP #
MURDER CASE
4B

Members:
BELLANIE CRISTA IDDOBA
ROEL DAGDAG
CYRIL TOMAS
RALPH JOHN VALDEZ