Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION FOR LEAVE TO FILE DEMURRER TO EVIDENCE

The accused through counsel, unto this Honorable Court, most respectfully states:

• • 1. That the prosecution in the above entitled case has already rested its case;

    2. That the defense believes that the evidence of the prosecution against the accused is insufficient to establish the guilt of the accused beyond reasonable doubt, thus, the defense prays for leave to file demurrer to evidence in accordance with Section 33, Rule 113 of the Rules of Criminal Procedure.

WHEREFORE, premised on the foregoing consideration and in the highest interest of justice, it is most respectfully prayed of this Honorable Court that the aforesaid motion be granted.

September 16, 2010. Dipolog City, Philippines.