Republic of the Philippines

Central Visayas Judicial Region

REGIONAL TRIAL COURT
Branch 102, Tagbilaran City

PEOPLE OF THE PHILIPPINES,

Complainant,

-versus- For: Illegal Possession and

Sale of Dangerous Drugs

AURELIO SANTOS

Respondent.
x-------------------------------------------x

DEMURRER TO EVIDENCE

The Accused AURELIO SANTOS, through the undersigned

counsel, most respectfully submits its Demurrer to Evidence and avers:

BASIS FOR THE DEMURRER

It is incumbent upon the prosecution to adduce evidence sufficient to

prove beyond reasonable doubt (a) the commission of the crime, and (b)
the precise degree of participation therein by the accused (Gutib vs. Court
of Appeals, 312 SCRA 365). The charges against an accused must be
dismissed if there is no competent or sufficient evidence adduced that
would sustain the charges against him, should the same be raised in a
demurrer to the evidence. Section 23, Rule 119 of the Revised Rules of
Criminal Procedure provides:
 Sec. 23 After the prosecution rests its case, the court may dismiss
the action on the ground of insufficiency of evidence (1) on its own
initiative after giving the prosecution the opportunity to be heard or (2)
upon demurrer to evidence filed by the accused with or without leave of
court.
x x x

It is well-settled rule that conviction for a criminal offense should be

based on clear and positive evidence and not on mere assumption.
(Gaerlan vs. CA 179 SCRA 20). The burden lies upon the prosecution
to prove the guilt of the accused beyond reasonable doubt rather that upon
the accused to prove that he is in fact innocent. (People vs. Lati, 184
SCRA 336). Failing in this, the presumption of innocence will prevail.
(Sec. 1 (a) Rule 115).
ARGUMENTS/DISCUSSION

The witnesses for the prosecution were SPO2PAULO ARAGON and

PO3 DINO ABLANTE. It cannot be overemphasized that the testimonies of
said witnesses showed that they failed to mark and take inventory of the
said drugs that were recovered from the accused. This fatal flaw in the
handling of evidence should render it inadmissible. Said witnesses also did
not properly enumerate the step by step change of hands from the crime
scene up to the presentation in court of the said evidence therefore making
the chain of custody very questionable. Also based on their testimony they
had contacted an informant named Bibe but upon questioning the
residents of Sta. Clara no person there knew of a Bibe which is very
unlikely because he must have been well known in the place in order for
him to be acquainted with the accused because the latter is a longtime
resident in Sta. Clara.
 With regard to the sachet of white crystalline substance in evidence
which was alleged to be sold by the accused, it was never owned by the
accused. Based on the counter-affidavit the drugs were given to accused for
him to forcefully sell in fear of his life and for his friend. Also the sachet of
white crystalline substance upon presentation in court was never marked
by the officers and due this the sachet of white crystalline substance can
never be admitted in evidence.

Taking into account the testimony of the police officers and upon
presentation of evidence in court there was no proper inventory of the said
sample substance because there was no indication of placing of marks in
the apprehended sachets of white crystalline substance and there was also
no indication to whom the said substance was given in the Forensic
Laboratory.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the

Honorable Court that this Demurrer to Evidence be granted and that the
criminal charge of Illegal Possession and Sale of Drugs against the accused
AURELIO SANTOS be DISMISSED.

Other reliefs, just and equitable, are likewise prayed for.

Tagbilaran City, Philippines, February 27 2017.
 DEPARTMENT OF JUSTICE
Public Attorneys Office
Rm. B-29 Hall of Justice, Tagbilaran City

By:

ATTY. AR-REB B. AQUINO

Public Attorney II

NOTICE OF HEARING
Hon. Hanson B. Castaneda
Assistant City Prosecutor

Clerk of Court
RTC 223

Greetings!

Please submit the foregoing Demurrer to Evidence for the approval

and consideration of the Honorable Court on 29 May 2007 at 8:30 a.m.

CAROLINE L. TOBIAS
Copy Furnished:

Hon. Hanson B. Castaneda

Assistant City Prosecutor