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Plaintiff,
- versus –
Thor,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
DEMURRER TO EVIDENCE
The ACCUSED, by counsel, with leave of court previously obtained,
respectfully submits this Demurrer to the Prosecution's Evidence on
the ground that the prosecution has failed to adduce sufficient
evidence of his guilt to overcome the presumption of innocence and
shift the burden of proof.
2.2 The prosecution has failed to show that the accused had no license
to carry a firearm. The proof of the negative element is indispensable
to proof of a violation of PD 1866. Without roof of this negative
element, the crime is not proven.
STELLE VAILOCES-GO
Attorney for Accused
Attorney’s Roll No. 54286 – May 15, 1998
PTR No. 0040444 / 16 January 2012 / Makati City
IBP Lifetime Member No. 01984
O.R. NO. 511472 – Issued on Aug. 24, 2000
Issued at IBP National Office, Pasig City
MCLE 2nd Compliance No. II – 0012841 / 25 September 2011
MCLE 3rd Compliance No. III – 0006255 / 23 June 2012
Both issued at MCLE Office, IBP Building, Pasig City
PROOF OS ERV
RECEIVED COPY this __
Name of counsel
Counsel for __(adverse party)__
Address:
Sir / Ma’am:
EXPLANATION
1
Copy of the foregoing complaint was served upon defendant’s counsel by
registered mail, personalservice not being practicable at the
present time, due to the messengerial constraints.
Received by:__________________________
Date Received:________________________
3