PEOPLE OF THE PHILIPPINES vs.JOSE C. GO (G.R. No.

191015, August 6, 2014)

Demurrer to the evidence 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. The party
demurring challenges the sufficiency of the whole evidence to sustain a verdict.
The court, in passing upon the sufficiency of the evidence raised in a demurrer, is
merely required to ascertain whether there is competent or sufficient evidence to
sustain the indictment or to support a verdict of guilt. x x x Sufficient evidence
for purposes of frustrating a demurrer thereto is such evidence in character,
weight or amount as will legally justify the judicial or official action demanded
according to the circumstances. To be considered sufficient therefore, the evidence
must prove: (a) the commission of the crime, and (b) the precise degree of
participation therein by the accused." Thus, when the accused files a demurrer, the
court must evaluate whether the prosecution evidence is sufficient enough to
warrant the conviction of the accused beyond reasonable doubt.

"The grant or denial of a demurrer to evidence is left to the sound discretion of

the trial court, and its ruling on the matter shall not be disturbed in the absence
of a grave abuse of such discretion."43 As to effect, "the grant of a demurrer to
evidence amounts to an acquittal and cannot be appealed because it would place the
accused in double jeopardy. The order is reviewable only by certiorariif it was
issued with grave abuse of discretion amounting tolack or excess of
jurisdiction."44 When grave abuse of discretion is present, an order granting a
demurrer becomes null and void.

As a general rule, an order granting the accused�s demurrer to evidence amounts to

an acquittal. There are certain exceptions, however, as when the grant thereof
would not violate the constitutional proscription on double jeopardy. For instance,
this Court ruled that when there is a finding that there was grave abuse of
discretion on the part of the trial court in dismissing a criminal case by granting
the accused�s demurrer to evidence,its judgment is considered void, as this Court
ruled in People v. Laguio, Jr.:

By this time, it is settled that the appellate court may review dismissal orders of
trial courts granting an accused�s demurrer to evidence. This may be done via the
special civil action of certiorariunder Rule 65 based on the ground of grave abuse
of discretion, amounting to lack or excess of jurisdiction. Such dismissal order,
being considered void judgment, does not result in jeopardy. Thus, when the order
of dismissal is annulled or set aside by an appellate court in an original special
civil action via certiorari, the right of the accused against double jeopardy is
not violated.

In the instant case, having affirmed the CA finding grave abuse of discretion on
the part of the trial court when it granted the accused�s demurrer to evidence, we
deem its consequent order of acquittal void.45

Grave abuse of discretion is defined as "that capricious or whimsical exercise of

judgment which is tantamount to lack of jurisdiction. �The abuse of discretion must
be patent and gross as to amount to an evasion of a positive duty or a virtual
refusal to perform a duty enjoined by law, or to act at all in contemplation of
law, as where the power is exercised in an arbitrary and despotic manner by reason
of passion and hostility.� The party questioning the acquittal of an accused should
be able toclearly establish that the trial court blatantly abused its discretion
such that it was deprived of its authority to dispense justice."46

In the exercise of the Court�s "superintending control over inferior courts, we are
to be guided by all the circumstances of each particular case �as the ends of
justice may require.� So it is that the writ will be granted where necessary to
prevent a substantial wrong or to do substantial justice."47

Guided by the foregoing pronouncements, the Court declaresthat the CA grossly erred
in affirming the trial court�s July 2, 2007 Order granting the respondent�s
demurrer, which Order was patently null and void for having been issued with grave
abuse of discretion and manifest irregularity, thus causing substantial injury to
the banking industry and public interest.1avvphi1 The Court finds that the
prosecution has presented competent evidence to sustain the indictment for the
crime of estafa through falsification of commercial documents, and that respondents
appear to be the perpetrators thereof. In evaluating the evidence, the trial court
effectively failed and/or refused to weigh the prosecution�s evidence against the
respondents, which it was duty-bound to do as a trier of facts; considering that
the case involved hundreds of millions of pesos of OCBC depositors� money � not to
mention that the banking industry is impressed with public interest, the trial
court should have conducted itself with circumspection and engaged in intelligent
reflection in resolving the issues.

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Finally, it must be borne in mind that "[t]he granting of a demurrer to evidence

should x x x be exercised with caution, taking into consideration not only the
rights of the accused, but also the right of the private offended party to be
vindicated of the wrongdoing done against him, for if it is granted, the accused is
acquitted and the private complainant is generally left with no more remedy. In
such instances, although the decision of the court may be wrong, the accused can
invoke his right against double jeopardy. Thus, judges are reminded to be more
diligent and circumspect in the performance of their duties as members of the Bench
xx x."