Demurrer To Evidence
Section 23. Demurrer to evidence
DEMURRER TO EVIDENCE
- 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.
After The Prosecution Shall Have Rested Its Case, The Case May Be Dismissed In Any Of The Following Manner:
a. Court on its own initiative can dismiss the case after giving
prosecution opportunity to be heard
b. Accused files demurrer with or without leave of court
c. If the demurrer is denied:
- With leave of court, accused can present his evidence
- Without leave of court, accused waives right to present evidence
With or Without Leave of Court
a) With leave
- if the motion is denied, he can still present evidence.
- The motion must be filed within a non- extendible period of 5 days after the prosecution rests its case.
- If leave is granted, the accused shall file the demurrer to evidence within a non- extendible period of 10 days from notice of the grant of leave of court.
- The prosecution may oppose the demurrer to evidence within a non-extendible period of 10 days from receipt of the demurrer.
b) Without leave
- if the motion is denied, he loses the right to present evidence and the case will be deemed submitted for decision
If there are two or more accused and only one of them presents a demurrer to evidence, without leave of court, the trial court may defer resolution thereof until the decision is rendered on the other
accused.
An order denying the motion for leave of court to file a demurer shall NOT be reviewable by appeal or by certiorari before judgment. This is because demurrer is merely interlocutory. However, if there
was grave abuse of discretion, then certiorari may apply.
If the court denies the demurrer to evidence without leave of court, the accused is deemed to have waived his right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution.
Section 24. Reopening
At any time before finality of judgment of conviction, judge may, motu proprio or upon motion, with hearing in either case reopen to avoid miscarriage of justice.
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