REPUBLIC OF THE PHILIPPINES

6TH JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITY
Branch 2
Iloilo City

DOS A. MARIAS
Complainant,

versus For: Slight Physical Injuries

TRES A. MARTIRES
Accused.
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DEMURER TO EVIDENCE

NOW COMES the Accused, by his undersigned counsel,

to this Honorable Court and most respectfully avers:

1. That the Prosecution 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
Demurrer to Evidence which is anchored on the
following grounds:

a) The statements/testimony of private

complainant Dos A. Marias do not coincide with
the statements/testimony of Uno A. Solo who is
the sole eye witness for the prosecution;

b) No medical evidence was introduced to establish

that private complainant Dos A. Marias for the
physical injuries.

2. Concerning on the first ground, the accusatory affidavit

(Exhibit “A”) of private complainant Dos A. Marias, is
highly questionable and in fact inadmissible as said
complainant herself testified in open court that
different from what he stated in his affidavit on
February 1, 2023.

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 a. We compared closely to the affidavit (Exhibit
“B”) of witness Uno A. Solo, 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 when
compared on face value show the following
conflicting version:
b. Complainant Dos A. Marias stated that in his
affidavit (exhibit “A”) that he was been punched
three times over the place when he approaches
the accused while witness Uno A. Solo stated
in his affidavit (exhibit “B”) that the
Complainant Dos A. Marias was accidentally
fell down the foot walk while approaching the
accused and had been unconscious for at least
five (5) seconds before moved and get up.

PRAYER
WHEREFORE, premises considered, it is most
respectfully prayed that this case be now dismissed due to lack
of compelling evidence to establish the guilt of the accused
beyond reasonable doubt.

Such other reliefs just and equitable under the premises

are likewise prayed for.
Respectfully submitted.

Iloilo City, Iloilo, Philippines February 21, 2023.

ATTY. ANDREA B. DELOVIAR

Notary Public
Notarial Commission valid until 12/31/2023
Roll of Attorney’s No. 743440
PTR No. 14344-000 Iloilo City 12/31/2023
IBP No. 123-54321 Iloilo City 12/31/2023
MCLE Compliance No. IV-01220-2020

Doc. No. 21;

Page No. 5;
Book No.1;
Series of 2023

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