[Court][Region][COURT]

[City], [Branch No.]

[NAME] _______________,Plaintiff,

Civil Case No. ________- versus -

[NAME] ______________,Defendant.

x ---------------------------------------- x

DEMURRER TO THE EVIDENCE

DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence:

1. This action seeks to [STATE PURPOSE OF THE ACTION] __________________.

2. Plaintiff, after resting his case, has failed to: [STATE MATERIAL FACTS NOT PROVEN BY PLAINTIFF] _____________________________________________________.

3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her.

WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.

[CITY] ___________; [DATE] _________________________.

[SIGNATURE][NAME OF COUNSEL] ___________

Counsel for Defendant[ADDRESS] ______________

IBP Lifetime No. ____________; [CITY] _____________PTR No. _______________; [DATE], [CITY]

Roll of Attorney No. _______________________MCLE Compliance No. ____________________

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT[COURT] ____________[BRANCH] ____________, [CITY] __________________

Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the court’s calendar for hearing on Friday, [DATE] at [TIME] in the [MORNING/AFTERNOON].

[NAME] _____________________

[ADDRESS] _____________________________

Please take notice that counsel has requested to be heard on Friday, [DATE] at [TIME] in the [MORNING/AFTERNOON].

[SIGNATURE] [NAME] _________

Counsel for Defendant[ADDRESS] ___________________

Copy furnished through personal service:

[NAME OF COUNSEL] __________________Counsel for the Plaintiff[FIRM NAME] _______________[ADDRESS] ________________

[USE THE FOLLOWING IF SERVICE IS NOT MADE PERSONALLY]

Copy furnished through registered mail:[NAME OF COUNSEL] __________________Counsel for the Plaintiff[FIRM NAME] _______________[ADDRESS] ________________Registry Receipt No. ________Post Office ________________Date _____________________

EXPLANATION

The foregoing [DESIGNATION OF PLEADING, MOTION, ETC] _______________and its attachment were served on [NAME OF COUNSEL] ________________ by registered mail instead of personal service as counsel for petitioner [STATE REASON] ___________________.

[SIGNATURE][NAME] _________________

Republic of the Philippines )City of _______________ ) s.s.

AFFIDAVIT

I, [NAME] ____________ , a messenger of [NAME OF COUNSEL FOR PLAINTIFF], with office address at [ADDRESS] __________________, after being duly sworn, deposes and states:

That on [DATE] ______________________, I served a copy of the following pleadings/papers by registered mail in accordance with Section 10, Rule 13 of the Rules of Court:

Nature of Pleading/Paper[STATE PLEADING/PAPER SENT]

________________________

in Case No. [CASE NUMBER] _________________ entitled [TITLE OF CASE] ____________________ by depositing a copy in the post office in a sealed envelope, plainly addressed to [NAME OF PARTY/ATTORNEY] _______________ at _______________ with postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with instructions to the post master to return the mail to sender after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on [DATE] ________________, in the City of [CITY] _____________, Philippines.

[SIGNATURE][NAME] __________

Affiant

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of [MONTH AND YEAR]_________________, affiant exhibiting before me his Government Issued ID no. _______________ issued on [DATE}__________________ at [PLACE OF ISSUANCE]_____________________.

[SIGNATURE] [NAME]_______Notary Public

Until [DATE]__________________PTR No. [NUMBER] ____________Issued at [PLACE]______________On [DATE] ___________________

Doc. No.Page No.Book No.Series of [YEAR] __________.