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Dodong,
Accused.
x --------------------------------------------x
1
“Sufficient evidence for purposes of
frustrating a demurrer thereto is such
evidence in character, weight or amount
as will legally justify the judicial or
official action demanded according to
the circumstances. To be considered
sufficient therefore, the evidence must
prove: (a) the commission of the crime,
and (b) the precise degree of
participation therein by the accused. In
the instant case, the prosecution
miserably failed to establish by
sufficient evidence the existence of the
crime of qualified theft. xxx.
. . . centered on credibility of
witnesses, inconsistencies in the
testimonies of prosecution witnesses,
and weight and value of the evidence
presented by the prosecution . . . .17
(emphasis supplied)
2
that a crime had been committed by an accused – as
is the situation in the case at bar – it is obligatory
upon the court to dismiss the case upon a demurrer
to evidence;
______________________________________________
2nd Floor Lagmay Bldg. MRT Rd. Corner C-5 Rd.
Western Bicutan, Taguig City
Telefax (632) 358-6407
By:
______________________________________________
IBP No.____________;11/08/2012;Rizal
PTR No.____________;01/02/2013;Taguig
MCLE IV-____________
Roll No. 55854
Copy Furnished:
3
Office of the City Prosecutor
City of Manila
NOTICE OF HEARING
The City Prosecutor
City of Manila
Greetings!
Thank you.
Atty__________________________
EXPLANATION
The above pleading was served and/or filed through
mail due to the lack of office personnel to effect personal
service.
Atty.______________________