Demurrer To Evidence

Section 23. 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

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

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

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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