REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH ______
BAGUIO CITY

THE PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus-
Crim. Case No. 1764
For: Rape

BARRY PAKYAW Y CANTUBA,

Accused,
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DEMURRER TO PROSECUTION’S 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:

1. Under the Constitution, the accused is presumed to be innocent until proven

guilty. The effect of this presumption is that it entitles the accused to not say anything in
his defense and places the burden directly on the prosecution to prove everything relative
to his guild. Thus, the prosecution must rely on the strength of its evidence and not wait
for the accused to offer any evidence. It is only in the event that the prosecution, after
resting its case, has adduced sufficient evidence of guilt, that the burden of proof shifts to
the accused.
2. The prosecution has failed to adduce sufficient evidence of guilt as would shift
the burden of proof.
2.1 The accused is charged with the crime of rape under Art. 266-A(1)(a) of
the Revised Penal Code. The gravamen of the offense is that the sexual intercourse
was made through force, threat or intimidation of which the prosecution must
prove.
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 2.2 The medico legal report fails to establish that the private
complainant Maria Cruz sustained injuries.
The only findings from the medico legal report (Exhibit “D”) of Dr.
Vivian Kho states of deep lacerations and vaginal admittance of examining
finger. It only proves the existence of sexual intercourse. There is no showing
that such sexual intercourse was made through force which is contrary to the
judicial affidavit (Exhibit “A”) of Maria Cruz stating that she was pushed
against the wall, her head was hit, and was embraced tightly.
There were no findings of any abrasions, lesions or any injuries
indicating that a struggle between the offended party and the accused such
as the means employed by the offended party in defending herself nor the
force made by the accused in the commission of the offense.
3. Absent proof of the element of rape, where the sexual intercourse was made
through the use of force, threat or intimidation, the offense is not proven. The accused is
innocent and should be acquitted.

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.
Baguio City, Philippines. October 5, 2019.

ATTY. RAMON B. SANTOS

Room 6, Novotel Building, Perdices St.,
Baguio City
PTR No. 123; Mar. 31, 2016,
IBP No. 123; Mar. 31, 2016,
Roll NO. 123; May 2, 2012
Tel No. (035) 226-1234
MCLE No. 12345; May 10, 2013
COUNSEL FOR THE ACCUSED

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Copy furnished through personal service to:
CAMILA H. GERONA
Assistant City Prosecutor
PPO, Baguio City

Received by : _________
Date : _________