REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

Regional Trial Court
Paranaque City
Branch 274

People of the Philippines

-versus- Criminal Case No. 08-0127

For: ESTAFA (under Art. 315
Par. 3(b) of the Revised Penal Code
MARLON DATU LUGTU
and VIRGILIO N. SANTOS II,
Accused.

OPPOSITION TO THE MOTION FOR LEAVE

OF COURT TO FILE DEMURRER TO EVIDENCE

COMES NOW, Philippine Amusement and Gaming

Corporation, Private Prosecutor, through the undersigned counsel,
respectfully opposes the Motion with leave of Court to file Demurrer
to evidence submitted by the defendant and states:

1. The Private prosecutor received the defendant’s

Motion with leave of court to file demurrer to evidence on
April 4, 2018;

2. The Private prosecutor respectfully opposes the

Motion of the Accused as it lacks merit;

3. The Accused requested the Honorable Court to set on

its calendar the Hearing for the Motion for Leave to file
Demurrer to Evidence on March 30, 2018;

4. The date March 30, 2018 coincided with this year’s

observance of Good Friday;

5. The office of the President of the Philippines declared

under Proclamation no. 269 Good Friday to be a regular
holiday for the year 2018;

6. That the request for the setting by the Accused is void

as it cannot be set on a holiday and no special setting was
made by the Honorable Court to hear the case;

7. The Accused alleges that the testimonies of the

witnesses presented by the Prosecution create
 inconsistencies and/or contradictions which proved the
innocence of the Accused;

8. The Prosecution refutes this allegation as the

testimony of the witnesses presented by the Prosecution
elucidated on the conspiracy and scheme designed by the
Accused in order predict the proper bets made;

9. Moreover, the witnesses presented by the Prosecution

are trained to spot gestures and patterns which are designed
to employ the means and methods of the cheating scheme
not only by the Casino patrons but also dealers who are in
conspiracy with the former;

10. The witnesses gained their skills through years of work

experience and familiarity with casino cheating schemes that
they recognize the patterns upon exhaustive investigation;

11. The sealed CCTV footage of the incident was more

than enough to establish the commission of the crime;

12. According to the Electronic evidence rule 1 , Audio,

photographic and video evidence of events, acts or
transactions shall be admissible provided is shall be shown,
presented or displayed to the court and shall be identified,
explained or authenticated by the person who made the
recording or by some other person competent to testify on the
accuracy thereof;

13. The CCTV footage clearly displayed that the Accused

were the perpetrators of the crime. Moreover, it detailed the
commission of the crime authenticated by the testimony of
competent witnesses;

14. The sworn statement of the co-accused Virgilio N.

Santos II is not in violation of his rights as he executed the
sworn statement voluntarily, possessing his full mental
faculties and without vitiation of consent nor intimidation
thereof;

15. This Court has always looked with disfavor upon

retraction of testimonies previously given in court. The
asserted motives for the repudiation are commonly held
suspect, and the veracity of the statements made in the
affidavit of repudiation are frequently and deservedly subject
to serious doubt.2

1Rule 11, sec. 1 of A.M. No. 1-07-01

2People v. Lamsen, G.R. No. 198338, November 13, 2013; Firaza v. People, G.R. No. 179319, September
18, 2009
 PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable

Court that it deny the Accused’s Motion for Leave to file a demurrer to
evidence.

Other reliefs as may be just and equitable in view of the

foregoing also prayed for.

City of Manila, Philippines, 16 April 2018.

PHILIPPINE AMUSEMENT AND GAMING CORPORATION

Legal Group
PAGCOR Executive office
th
6 Floor New World Manila Bay Hotel,
M.H. Del Pilar cor. Pedro Gil, Malate, Manila
Tel. No. 242-0121 local 632

By:

ATTY. MARIA CONCEPCION GLORIA-RUBIO

Roll of Attorney no. 45775
PTR No. 7003422, January 5, 2018, Manila, Philippines
IBP Lifetime No. 02723
MCLE Compliance No. V-0010115, September 7, 2015

ATTY. JANICE A. GODORNES

Roll of Attorney no. 57631
PTR No. 7003423, January 5, 2018, Manila, Philippines
IBP Lifetime No. 05382
MCLE Compliance No. V-0006441, February 27, 2015

ATTY. LAWRENCE EMMANUEL C. SOLIS

Roll of Attorney no. 70243
PTR No. 7107597, January 30, 2018, Manila, Philippines
IBP No. 028221, January 17, 2018, Pasig City
MCLE Compliance No. N/A (Admitte 2017)

Copy Furnished:

REGIONAL TRIAL COURT

BRANCH 274, Paranaque City
 PROSECUTOR KATHERYN MAY C. PENACO-ROJAS
Office of the City Prosecutor
Paranaque City

ATTY. PETER PAUL S. MAGLALANG

Maglalang Lagman & Maglalang Law Offices
Counsel for the Accused
No. 145 1st street, Dolores Homesite
Dolores, City of San Fernando
Pampanga 2000

EXPLANATION
In compliance with section 11, Rule 13 of the 1997 Rules of
Court, counsel respectfully manifests that service of the above motion
is done by registered mail, personal service not practicable at the
present time due to distance