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The filing of the demurrer to evidence without leave of court and its subsequent

denial results in the submission of the case for judgment on the basis of the
evidence on record. 429 Phil. 626

FIRST DIVISION
A.M. No. RTJ-00-1607, April 03, 2002
ATTY. DANIEL O. OSUMO, COMPLAINANT, VS. JUDGE RODOLFO M.
SERRANO, PRESIDING JUDGE, REGIONAL TRIAL COURT,
KIDAPAWAN, COTABATO, BRANCH 17, RESPONDENT.

RESOLUTION

YNARES-SANTIAGO, J.:

329 Phil. 841

FIRST DIVISION
G.R. No. 103397, August 28, 1996
WILSON CHUA, PETITIONER, VS. COURT OF APPEALS AND PEOPLE
OF THE PHILIPPINES, RESPONDENTS.

DECISION

HERMOSISIMA, JR., J.:

Most crimes are conceived, planned and resolved to be committed in secret. As


a consequence, the facts which would sustain a conviction are known only to
the participes criminis themselves. In view of this, Section 9, Rule 119 of the
Revised Rules of Court allows the dismissal of an information as to one of
several persons accused of a crime in order that he may be utilized as a witness
for the state on condition that he testifies against his co-accused in the
commission of the crime. The transaction is in the nature of a contract between
the State and the criminal that, in recompense for his exemption or immunity
from criminal liability, he shall honestly and fairly make a full disclosure of the
crime upon the trial of a confederate, whether the confederate is convicted or
not.

344 Phil. 335

FIRST DIVISION
G.R. No. 119010, September 05, 1997
PAZ T. BERNARDO, PETITIONER, VS. COURT OF APPEALS, HON.
OSCAR L. LEVISTE AND FLORITA RONQUILLO-CONCEPCION,
RESPONDENTS.

DECISION

BELLOSILLO, J.:

When the accused files such motion to dismiss without express leave of court,
he waives the right to present evidence and submits the case for judgment on
the basis of the evidence for the prosecution.

FIRST DIVISION
G.R. No. 191849, September 23, 2015
FREDERICK F. FELIPE, PETITIONER, VS. MGM MOTOR TRADING
CORPORATION, DOING BUSINESS UNDER THE NAME AND STYLE
NISSAN GALLERY-ORTIGAS, AND AYALA GENERAL INSURANCE
CORPORATION, RESPONDENTS.

RESOLUTION

PEREZ, J.:

What is demurrer
A demurrer to evidence is a motion to dismiss on the ground of insufficiency of
evidence and is presented after the plaintiff rests his case. It is an objection by one
of the parties in an action, to the effect that the evidence which his adversary
produced is insufficient in point of law, whether true or not, to make out a case or
sustain the issue.[

In criminal cases, the grant of a demurrer amounts to an acquittal, and the


dismissal order may not be appealed as this would place the accused in double
jeopardy.[34] Although the dismissal order is not subject to appeal, it may be
reviewed through certiorari under Rule 65.[35]

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