DEMURRER TO EVIDENCE

THE ACCUSED X X X X (“X X X X ”), by undersigned counsel, respectfully states:

I. THE INFORMATIONS.

1. GRAVE THREATS. - The Information for one count of GRAVE THREATS against the accused X X X X ,
docketed as Crim. Case No. M-PSY- xxx-CR, alleges that:

1.1. The felony was allegedly committed on 8 July 2010 in Xxx City.

1.2. The accused X X X X allegedly THREATENED the private complainant X X X X [i].

1.3. The alleged threat consisted of an “infliction of a wrong amounting to a crime”.

1.4. More specifically, the accused X X X X allegedly threatened X X X X that he would

“gun down (X X X X ) should he rise from his seat”.

1.5. The accused X X X X allegedly acted “without justifiable cause”.

1.6. The accused X X X X was allegedly “moved by spite and personal resentment” against
XXXX.

1.7. That alleged purpose of the accused X X X X was to “(collect) money” from X X X X .

1.8. The accused X X X X allegedly “failed to attain” all the elements of the felony charged.

1.9. The accused X X X X allegedly “(created) fear and anxiety in the mind (of X X X X ) that
the threat will be carried out”
2. GRAVE COERCION (First Count). - The Information for the first count of GRAVE COERCION against the
accused X X X X and his co-accused X X X X , docketed as Crim. Case No. M-PSY- xxx-CR, alleges
that:

2.1. The first count[ii] of the felony of GRAVE COERCION was allegedly committed by the
two accused X X X X and X X X X on 15 May 2010 allegedly in Xxx City against the
same private complainant X X X X .

2.2. The two accused allegedly acted in CONSPIRACY with each other.

2.3. The two accused allegedly acted “without any authority of law”.

2.4. The two accused allegedly applied “threat and intimidation”.

2.5. The two accused allegedly “compel(led) (X X X X ) to pay the amount of P500,000.00”.

2.6. The two accused allegedly uttered the following words:

“PUTANG INA MO MAGBAYAD KA NG UTANG MO KUNGHINDI ITUTUMBA KITA MADAMI NA AKONG

ITINUMBA SA LAGUNA AT ISUSUNOD KITA.”
 3. GRAVE COERCION (Second Count). - The Information for second count of GRAVE COERCION against
the accused X X X X and his co-accused X X X X , docketed as Crim. Case No. M-PSY- xxx-CR, alleges
that:

3.1. The second count[iii] of the felony of GRAVE COERCION was allegedly committed
by the two accused X X X X and X X X X on (the earlier date of) 30 April 2010 in Xxx
City against the same private complainant X X X X .

3.2. The two accused allegedly acted in CONSPIRACY with each other.

3.3. The two accused allegedly acted “without any authority of law”.

3.4. The two accused allegedly applied “threat and intimidation”.

3.5. The two accused allegedly “compel(led) (X X X X ) to pay the amount of P300,000.00”.

3.6. The two accused allegedly “pull(ed) out a gun and plac(ed) said gun on the table”.

II. PROSECUTION EVIDENCE.

A. WITNESSESES.

1. The prosecution presented two witnesses, namely, the private complainant himself, X X X X , and x x x.

2. X X X X testified on various dates: February 15, 2012, June 25, 2012, September 5, 2012, December 12,
2012, February 18, 2013, July 15, 2013, February 19, 2014, June 23, 2014, February 11, 2015.

3. xxx testified on December 9, 2015.

A.1. – TESTIMONY OF PRIVATE COMPLAINANT JOSELITO X X X X .

4. Testimony of X X X X Given on February 15, 2012. (Direct examination of X X X X by private

prosecutor Atty. A. X X X X ). - The testimony of X X X X given on February 15, 2012 basically shows
that:

4.1. He was the president of X X X X HAULER TRADINGS AND CONSTRUCTION (“X X X X ”).

4.2. Accused X X X X was the vice president and a director of the X X X X .

4.3. X X X X consisted of the following directors/officers: (a) private complainant X X X X as president; (b)
accused X X X X as vice president; (c) xxx as treasurer; (d) X X X X as director; and (e) X X X X as
corporate secretary.

4.4. Accused X X X X provided financing for xxx.

4.5. X X X X was engaged in hauling of mining, construction and trading.

4.6. X X X X had a hauling service agreement with X X X X MINING (actually named X X X X CONSTRUCTION
AND GENERAL SERVICES) in Zambales. But X X X X was unable to mobilize due to lack of funds.
4.7. The incorporators of xxx met to look for financing. Accused X X X X , vice president, referred his friend, i.e.,
accused X X X X .

4.8. X X X X and X X X X agreed to look for funds to finance the operations of X X X X .

4.9. X X X X , X X X X and X X X X agreed that X X X X would raise One Million Pesos (P1,000,000.00) as
loan for X X X X would provide for a financier from Singapore. X X X X would be the guarantor of X X X
X.