Sample Legal Form of a Motion for Leave Court to file Demurrer to the Evidence in a

criminal case in the Philippines

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
___ JUDICIAL REGION
BRANCH ____
______ City
PEOPLE OF THE PHILIPPINES,
Crim. Case No.
-versusJUAN DELA CRUZ,
Accused.
x--------------------x

MOTION FOR LEAVE OF COURT to file

DEMURRER TO THE EVIDENCE
Comes Now, Accused, through counsel, respectfully
states:
1. That the prosecution has presented its witnesses and has
formally offered its evidence;
2. That the admissibility of exhibits so offered had been
resolved in the order dated April 28, 2005 which was
received by the undersigned counsel on May 3, 2005;
3. That the accused seeks leave of court to file a Demurrer to
the Evidence. on the ground that the evidence presented by
the prosecution is not sufficient to warrant a conviction of
the guilt of the accused beyond reasonable doubt;
4. That this motion is filed in good faith and not for the
purpose of delaying the proceedings of this case;
WHEREFORE, it is respectfully prayed that the accused
be granted Leave of Court to file a Demurrer to the Evidence.
Davao City, Philippines, May __, 2005.
_______________
Counsel for the Accused

NOTICE OF HEARING

Pros. ________________
The City Prosecutors Office
Please be notified that the undersigned has set the hearing of this motion for leave
of court for the consideration of the Honorable Court on ___________ at 8:30 am without
further oral argument and sans appearance of counsel.
Thank you.
__________________________
Name and signature of Counsel
Copy furnished:
Pros. _________
Office of the City Prosecutor