Demurrer to evidence

Criminal Procedure
Sec. 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.
AFTER THE PROSECUTION RESTS ITS CASE, WHAT ARE THE OPTIONS OF
THE ACCUSED?
THE ACCUSED MAY DO THE FOLLOWING:
1. File a demurrer to evidence with leave or without leave of court
2. Adduce his evidence unless he waives the same
WHAT IS A DEMURRER TO EVIDENCE?

It is a motion to dismiss the case filed by the defense after the prosecution
rests on the ground of insufficiency of the evidence of the prosecution

It has been said that a motion to dismiss under the Rules of Court takes place
of a demurrer, which pleading raised questions of law as to sufficiency of the
pleading apparent on the face thereof


In the same manner as a demurrer, a motion to dismiss presents squarely
before the court a question as to the sufficiency of the facts alleged therein to
constitute a cause of action
WHAT ARE THE WAYS BY WHICH A CASE MAY BE DISMISSED ON THE BASIS
OF INSUFFICIENCY OF EVIDENCE OF THE PROSECUTION?
1. The court may dismiss the case on its own initiative after giving the prosecution
the right to be heard
2. Upon demurrer to evidence filed by the accused with or without leave of court
THE PROSECUTION RESTS ITS CASE. THE COURT THINKS THAT THERE IS
INSUFFICIENCY OF EVIDENCE PRESENTED. WHAT DOES IT NEED TO DO IN CASE IT
WISHES TO DISMISS THE CASE?

The court may dismiss the case on its own initiative after giving the
prosecution the right to be heard
WHAT DOES IT MEAN WHEN THE PROSECUTION WOULD BE GIVEN THE RIGHT TO
BE HEARD BEFORE THE COURT DISMISSES THE CASE?

The prosecution is given the chance to explain itself of

circumstances that may have lead to its failure to adduce enough evidence to
support its case
HOW DO YOU FILE A DEMURRER TO EVIDENCE?

Within 5 days after the prosecution rests, the accused should file a motion for
leave of court to file a demurrer to evidence, stating in such motion his grounds for
such

The prosecution shall have 5 days within which to oppose the motion

If the motion is granted, the accused shall file the demurrer to evidence
within 10 days from notice of grant of leave of court

The prosecution may oppose the demurrer to evidence within 10 days from its
receipt of the demurrer
WHAT IS THE EFFECT OF FILING THE DEMURRER TO EVIDENCE WITH LEAVE OF
COURT?

The effect of its filing is that if the court grants the demurrer, the case will be
dismissed

If the court denies the demurrer to evidence filed with leave of court,
the accused may still adduce evidence on his behalf

WHAT IS THE EFFECT OF FILING THE DEMURRER TO EVIDENCE WITHOUT LEAVE

OF COURT?

If the court denies the demurrer to evidence which was filed without
leave of court, the accused is deemed to have waived his right to present
evidence and submits the case for judgment on basis of the evidence of the
prosecution

This is because demurrer to evidence is not a matter of right but is

discretionary on the court

Permission of the court has to be obtained before it is filed, otherwise

the accused loses certain rights
THE ACCUSED FILED A DEMURRER OF EVIDENCE WITHOUT LEAVE OF COURT.
THE DEMURRER OF EVIDENCE IS DENIED. IS THERE ABSOLUTE WAIVER OF
PRESENTATION OF EVIDENCE BY THE COURT?

No

The general rule is that filing of a demurrer of evidence without leave

of court, which is subsequently denied, is a waiver of presentation of evidence

Nonetheless, if the demurrer of evidence is filed before the prosecution

rests its case, there would be no waiver to present evidence. As the
prosecution hasnt finished presenting its
evidence, there is still insufficiency of evidence.
WHAT IS THE EFFECT IF THE DEMURRER IS GRANTED AND THE ACCUSED IS
ACQUITTED?

The accused has the right to adduce evidence on the civil aspect of the case
unless the court declares that the act or omission from which the civil liability may
arise did not exist.

If the trial court issues an order or renders judgment not only granting
the demurrer to evidence of the accused and acquitting him but also on the civil
liability of the accused to the private offended party, said judgment on its civil
case would be a nullity for violation of the rights of the accused to due process.
WHAT IS THE REMEDY OF THE ACCUSED IF THE DEMURRER TO EVIDENCE IS
DENIED?

As a general rule, there can be no appeal or certiorari on the denial of

the demurrer to evidence, since it is an interlocutory order which doesnt pass
judgment on the merits of the case

In such instance, the accused has the right to adduce evidence on his behalf
not only on the criminal aspect but also on the civil aspect of the case