Republic of the Philippines

MUNICIPALCIRCUIT TRIAL COURT

Fifth Judicial Region
Bulusan-Barcelona
Barcelona, Sorsogon

PEOPLE OF THE PHILIPPINES, CRIM CASE

NO. 3448
Plaintiff, FOR: RECKLESS
IMPRUDENCE -vs.-
RESULTING TO SERIOUS
PHYSICAL INJURIES

CHITO DEL PRADO y ESPENA(DRIVER)

Accused.
X - - - - - - - - - - - - - - - X

MICHAEL H. MANGENTE (OWNER)

Civil Defendant.
X - - - - - - - - - - - - - - - X
__________________________

MOTION FOR LEAVE OF COURT

To File Demurrer To Evidence
__________________________

ACCUSED, CHITO DEL PRADO y ESPENA, through

the undersigned counsel, unto this Honorable Court,
respectfully move for Leave of Court to allow accused to file
DEMURRER TO EVIDENCE, for the reasons therein stated,
and that the same be served upon the complainant, in
accordance with law.

1. That herein accused is presently being indicted for

RECKLESS IMPRUDENCE RESULTING TO SERIOUS
PHYSICAL INJURIES under Criminal Case No. 3448 filed
before this Honorable Court against the herein accused;

2. That prosecution had already rested its case on

October 12, 2016 without the Principal Complainant alleged
victim testifying thereto;
 3. That in an Order, dated 11 January 2017,
undersigned counsel, upon motion, was directed by this
Honorable Court to file DEMURER TO EVIDENCE within
TEN (10) DAYS from receipt of the Order to file the same,
copy of the said Order was personally received by the
undersigned counsel on 30 January 2017;

4. That the undersigned has until February 9, 2017

within which to file the said Motion for Leave of Court
together with the attached Demurrer to Evidence to this
Honorable Court. Hence, Leave of Court to File Demurrer to
Evidence is hereby requested on the following grounds to
wit:

I. AFTER THE PROSECUTION HAS

COMPLETED THE PRESENTATION OF ITS
EVIDENCE, UPON THE FACTS AND THE LAW,
THE PROSECUTION FAILED TO ADDUCE
SUFFICIENT EVIDENCES TO CONVICT THE
ACCUSED BEYOND REASONABLE DOUBT.

II. ALL THE EVIDENCES SOUGHT TO BE

ADMITTED ARE MERELY CORROBORATIVE
AND COLLABORATIVE IN NATURE. IT MUST BE
STRESSED IN THIS PROCEEDINGS THAT THE
PRINCIPAL COMPLAINANT-VICTIM OR
PRINCIPAL EVIDENCE UPON WHICH THE
PROSECUTION RESTS ITS CASE WAS NEVER
PRESENTED. THUS IN THE CASE OF PEOPLE
VS. MARCOS, ET. AL., 70 PHIL. 468-480, THE
HONORABLE SUPREME COURT STATED:

WHERE THE PRINCIPAL AND

BASIC EVIDENCE UPON WHICH THE
PROSECUTION RESTS ITS CASE
FAILS, ALL EVIDENCE INTENDED TO
SUPPORT OR CORROBORATE IT
MUST LIKEWISE FAIL.

THUS, IN VIEW OF THE

PRONOUNCEMENT OF THE SUPREME COURT
IN THE ABOVE-MENTIONED CASE, THE
HONORABLE COURT MUST NEITHER FIND IT
NECESSARY OR PROFITABLE TO EXAMINE THE
CORROBORATIVE EVIDENCE BY THE
PROSECUTION AS IT HAS NO LEG TO STAND
 ON OR HAS NO LEGAL BASIS FOR ITS
ADMISSION.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court to GRANT Leave
of Court to the accused to file demurrer to evidence.

It is further prayed, that in case leave is granted, that

the herein attached DEMURRER TO EVIDENCE BE
ADMITTED, RESOLVED and GRANTED and that the case
be finally DISMISSED and that proper summons be served
in accordance with the Rules of Court.

It is finally prayed, that, in case, this Motion for Leave of

Court to file Demurrer of Evidence be denied, it is
respectfully prayed that accused be allowed to present his
evidences.

Other relief and remedies as may be deemed just and

equitable under the premises are likewise prayed for.

Sorsogon City, for Barcelona Sorsogon, Philippines.

February 3, 2017.

RESPECTFULLY SUBMITTED.

CYRIL C. OROPESA
Counsel for the Accused
Rollo No. 54962
IBP Receipt No. 847640/January 2,
2014
PTR No. 147967/ January 15, 2015
MCLE Compliance No. IV-0023763 UP Law
Center
University of the Philippines,
Diliman Quezon City
#435 Market Site, Sirangan, Sorsogon
City
CP No. 09183812508 /
cyril_621975@yahoo.com

NOTICE OF HEARING

Atty. IMELDA LLADONES ASTANO

Prosecutor I
Provincial Prosecution Office
Hall of Justice, Sorsogon City

The Branch Clerk of Court

MCTC- Bulusan-Barcelona
Barcelona, Sorsogon

GREETINGS!

PLEASE take notice that the foregoing MOTION FOR

LEAVE OF COURT TO FILE DEMURRER TO EVIDENCE
together with the attached DEMURRER TO EVIDENCE are
hereby submitted, for consideration and approval of the
Honorable Court on February 10, 2017 at 8:30 in the
morning at its session hall at MCTC-Bulusan-Barcelona,
Branch 2, Barcelona, Sorsogon or as soon as counsel may be
heard or sans any arguments considering that prior leave
was already granted in open court.

CYRIL C. OROPESA
Counsel for the Accused
Rollo No. 54962
IBP Receipt No. 847640/January 2,
2014
PTR No. 147967/ January 15, 2015
MCLE Compliance No. IV-0023763 UP Law
Center
University of the Philippines,
Diliman Quezon City
#435 Market Site, Sirangan, Sorsogon
City
CP No. 09183812508 /
cyril_621975@yahoo.com

Copy furnished:

Atty. IMELDA LLADONES ASTANO

Prosecutor I
Provincial Prosecution Office
Hall of Justice, Sorsogon City