Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
BRANCH 2
MANDAUE CITY

PEOPLE OF THE PHILIPPINES

Plaintiff,

CRIM CASE NO. 47925 - L

FOR : ADULTERY

-versus-

GRETHEL ESCALON AND

RYAN ROJAS
Accused.
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OPPOSITION TO MOTION FOR LEAVE OF COURT to file

DEMURRER TO THE EVIDENCE

Private Complainant through undersigned counsel unto this Honorable

Court in opposition to the Motion For Leave of Court to file Demurrer to
Evidence, most respectfully states that:

1. On January 28, 2020, the undersigned counsel received a Motion For

Leave of Court to file Demurrer to Evidence filed by accused Ryan
Rojas through his counsel;

2. Accused Ryan Rojas posits that the Motion was filed on the specific
ground that the prosecution have utterly failed to adduce evidence that
Accused Grethel Escalon and Ryan Rojas are guilty beyond
reasonable doubt for the crime of Adultery. Accused claimed that the
prosecution failed to prove that accused Grethel Escalon and Ryan
Rojas had sexual intercourse and that accused Ryan Rojas was aware
that accused Grethel Escalon was married;

3. Upon perusal of the accused averments, and without any irreverence,

private complainant respectfully submits that said Motion is bereft of
merit and warrants outright denial;

4. Sec 23, Rule 119 of the Revised Rules in Criminal Procedure provides
that:

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 Section 23. Demurrer to evidence. – 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.

If the court denies the demurrer to evidence filed with leave of

court, the accused may adduce evidence in his defense. When the
demurrer to evidence is filed without leave of court, the accused
waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution.

The motion for leave of court to file demurrer to evidence

shall specifically state its grounds and shall be filed within a non-
extendible period of five (5) days after the prosecution rests its case.
The prosecution may oppose the motion within a non-extendible
period of five (5) days from its receipt.

If leave of court is granted, the accused shall file the demurrer

to evidence within a non-extendible period of ten (10) days from
notice. The prosecution may oppose the demurrer to evidence within a
similar period from its receipt.

The order denying the motion for leave of court to file demurrer
to evidence or the demurrer itself shall not be reviewable by appeal or
by certiorari before judgment. (Emphasis supplied)

5. Based on the foregoing, it cannot be gainsaid that the accused failed to

specifically allege the grounds for the demurrer. In trying to impress
this Honorable Court, the accused used the word “specific ground”,
that the prosecution failed to prove that accused Grethel Escalon and
Ryan Rojas are guilty beyond reasonable doubt for the crime of
Adultery but a through review of the motion reveals that there is no
specific ground cited.

6. In Lizarraga Hermanos v. Yap Tico1 the Supreme Court illucidated

the rule on specifity of the ground in a demurrer to evidence, to wit:

The reason for this is plain. It is not fair to the plaintiff to

interpose to a complaint the simple objection that it does not
state facts sufficient to constitute a cause of action. Neither, is it
fair to the court. Neither the plaintiff nor the court should be left
to make, possibly, a long and tiresome examination and
investigation and then, perhaps, finally be compelled to guess.
The grounds of the objection should be pointed out so that all
may see. A demurrer was not invented to make useless work for

1 24 Phil 504 (1913)

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 a court, or to device or delude a plaintiff. Its purpose was to
clarify all aviguties; to make certain all indefinite assertions; to
bring the plaintiff to a clear and clean expression of the precise
grievance which he has against the defendant; to aid in arriving
at a real issue between the parties; to promote understanding
and prevent surprise. To that end, a demurrer should specify,
for the benefit of the plaintiff and the court as well, the very
weakness which the demurrant believes he sees in the
complaint. It should be so presented and handled as to bring to
a quick determination the question whether the plaintiff has, at
bottom, a legal claim against the defendant. To attain this
object, the demurrer should be clear, specific, definite, and
certain as to the precise weakness of the compliant. Being an
instrument to cure imperfections, it should not itself be
imperfect.

7. For non-compliance of the specificity requirement for purposes of a

motion for leave of court to file demurrer to evidence, specific
grounds not having been alleged in support thereof, accused’s motion
should fail.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of that accused Ryan Rojas Motion For Leave of Court to file Demurrer to
Evidence be denied for utter lack of merit.

Other relief, just and equitable under the premises are likewise prayed
for.

February 02, 2020. Cebu City, Philippines. (For Mandaue City)

RESPECTFULLY SUBMITTED.

THE LAW FIRM OF PIRAMIDE FAMOR JR CORPUZ

PATIÑO & PIRAMIDE
Suite 222 C.S. Ladia Bldg., P. Del Rosario St.,
cor. Junquera St., Cebu City
Tel No. (032) 254-0453

By:

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 JURIL B. PATIÑO
Counsel of the Private Complianant
Roll of Attorney No. 63966 April 27,2015
PTR OR No. 1636500/1/26/2020
IBP OR No. 21386 11/08/2019 Cebu City Chapter
MCLE COMPLIANCE No.VI - 0029805
Email add: juril.patino@yahoo.com

COPY FURNISHED:

ATTY. MANUEL A. CLIMACO III

Counsel for Accused Grethel Escalon
3rd Floor, 45 Capitol West Building,
Don Gil Garcia corner Escario Streets
Capitol Site, Cebu City
Registry Receipt No. : ____________________________________
Date of Mailing : ____________________________________

EXPLANATION

A copy of the foregoing pleading is served to the accused’s counsel by

way of registered mail due to distance and lack of personnel to effect
personal service.

JURIL B. PATIÑO