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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

4TH JUDICIAL REGION

BRANCH 69

JOEL CORPUS and

ARITSTOTLE BINUYA,

Plaintiff,

CRIM. CASE NO. C-85986

- versus - - for

ATTEMPTED MURDER

NESTOR LEPON,

Accused.

x ------------------------------------------ x

DEMURRER TO EVIDENCE

COMES NOW the accused, assisted by the Public Attorneys Office and

unto this Honorable Court, respectfully moves for the dismissal of the case

on the ground of insufficiency of the prosecutions evidence to justify a

conviction, respectfully states:

That no presented evidence proving the commission of the crime of

attempted murder and other evidences proving their precise

participation therein but the mere testimonies of Doctor Susana

Caseria, medico legal that examined the complainant and the

Complainant Nester Lepon which was stricken off by the court.

To be considered sufficient evidence, the same must prove (1) the

commission of the crime and (2) the precise degree of participation therein

of the accused.

Attempting to prove the guilt of the accused beyond reasonable doubt,

the prosecution merely presented the testimonies of Doctor Susana Caseria,

medico legal, that examined the complainant and the Complainant Nester

Lepon which was stricken off by the Honorable Court. There was neither the

evidence proving, that the accused is the one who committed.

The main element of attempted or frustrated murder is the accuseds

intent to take his victims life. The prosecution has to prove this clearly and

convincingly to exclude every possible doubt regarding murderous intent. In

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consonance with the foregoing, since the testimony of the complainant has

been stricken off the record, the intent of the accused to take the

complainants life cannot be established beyond reasonable doubt. Moreover,

the nature and circumstances surrounding the case can no longer be

established due to the striking off of the testimony of the complainant.

Likewise, the testimony of Doctor Susana Caseria, the medico legal

which examined the case, is insufficient to prove the guilt of the accused

beyond reasonable doubt. Her testimony merely provides evidence to the

medical condition of the victim after the commission of the crime. Her

testimony does not constitute as evidence to prove the elements of the

crime of murder under Sec 248 of the Revised Penal Code which states which

are; 1. That the accused intended to kill the complainant; 2. That it was

attended with any of the qualifying circumstance to constitute murder; and

3. That the killing is not parricide or infanticide.

IN VIEW OF THE FOREGOING CONSIDERATIONS, it is respectfully prayed of

the Honorable Court that judgment be rendered dismissing the case action

for insufficiency of evidence against the accused.

Caloocan City, April 25, 2013.

NARUTO, LALO & CHARING

Counsel for the Accused