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Republic of the Philippines

REGIONAL TRIAL COURT


6th Judicial Region
Branch 52, Bacolod City
--o0o
PEOPLE OF THE PHILIPPINES
33318
Complainant,

Crim Case No. 10-

-versusANDREW LEDESMA y Baldonado


Accused.
x----------------------------------------------x

For: Viol of RA 9165

MOTION FOR LEAVE OF COURT


TO FILE DEMURRER TO EVIDENCE
Defense, by the undersigned counsel and unto this
Honorable Court, avers that:
1. That the prosecution had rested its case. However,
only in August 24, 2016 that the Accused,
through counsel received the Order dated June 22,
2016, admitting Exhibits B to G for the
prosecution, over the objection and comment of
the Accused;
2. That under the Rules, Accused has five (5) days to
file his motion with leave of court to file demurrer
to evidence after the prosecution rests its case
hence, this motion is filed on time;
3. That the evidence adduced by the prosecution is
insufficient to prove the guilt of the Accused
beyond reasonable doubt as it failed to identify
the illegal substance allegedly recovered from
the Accused. Except for the plain allegation of the
prosecution witnesses that they recovered illegal
drugs from the Accused in the course of their
arrest and correspondingly marked it with RVEF

marking, there is no supporting evidence to show


that the marking was done immediately after the
arrest of the Accused and the same was done in
his presence. There is no photograph that would
attest to this fact as required by the law. There is
likewise no inventory receipt indicating that indeed
illegal drugs were recovered from the Accused and
was duly marked with RVEF, again, as required
by the law. As to whether the specimen with
RVEF marking that was submitted to the
crime laboratory for examination of the
presence of dangerous drugs is the same
that was recovered from the Accused during
his arrest, if at all there was, the prosecution
failed to establish it.
4. Applying the relevant ruling of the Supreme Court
in the case of People v. Wilson Suan, G.R. No.
184546, this case should be immediately
dismissed for failure of the prosecution to establish
the identity of the illegal substance marked with
RVEF to be the same as recovered from the
Accused, as they alleged.
5. That the accused is asking leave of this Honorable
Court to file demurrer to evidence.

PRAYER
WHEREFORE, it is most respectfully prayed that he be
granted to withdraw as counsel for the Accused in the
above-captioned case.
Other relief that is just and equitable are likewise
prayed for under the circumstances.
August 24, 2016, Bacolod City, Philippines.

MALUNES, MAMPANG & MONTORO


LAW OFFICE
Counsel for the Accused
Room 202, 2ND Flr. Park Lane Bldg.
Hilado-Tindalo St., Shopping,
Bacolod City, Philippines

By:
ARIEL I. MALUNES
Attorneys Roll No. 51729
IBP No. 1008492 - 01/08/16, Bacolod City
PTR No. 9544331, 1/08/16- E.B. Magalona, Neg. Occ.
MCLE Compliance No. IV- 0022885

Copy furnished:
City Prosecutor
Bacolod City

NOTICE OF HEARING
The Branch Clerk of Court
RTC Branch 52-Bacolod City
City Prosecutor
Bacolod City
Greetings!
Please be notified that this Motion will be submitted for
consideration and approval of this Honorable Court upon
receipt thereof without further argument, the appearance of
counsel is hereby waived.
ARIEL I. MALUNES