Demurrer to Evidence

Presented by: Mark Howell L. Esguerra

 Definition

 A motion to dismiss the filed by the accused after the

prosecution rested its case. If filed before the rests of the
case, the motion is premature.
 An objection by one of the parties in an action to effect
that the evidence which his adversary produced is
insufficient in point of law to make out a case or sustain
the issue.
 The party filing the such challenges the sufficiency of the
prosecution’s evidence
 Sufficiency of Evidence

 Must be shown to defeat the demurrer.

 For purposes of frustrating a demurrer thereto is such evidence in
character weight or amount as will legally justify the judicial action
demanded according to the circumstance.
 To be considered sufficient, the evidence must prove:
 The commission of the crime
 The precise degree of the participation by the accused.
 The court can also dismiss the case without waiting for an action of
demurrer on the ground of insufficiency of evidence after the
prosecution was given the opportunity to be heard
 Demurrer with leave of court

 The power to grant the leave of court to the accused to file a

demurrer is addressed to the sound discretion of the trial court. This
is to determine if the accused is merely stalling the proceedings.
 The motion for leave of court shall be filed in a period of 5 non-
extendible days after the prosecution rest its case and it shall include
the grounds for demurrer.
 Similarly, the prosecution may oppose the motion for leave within 5-
days form the day of its receipt.
 If granted, the demurrer shall be filed within a non-extendible period
of 10 days from notice, the prosecution may oppose the demurrer
within the same period.
 Present the
evidence

Proper Remedy for

denied Demurrer

Appeal if he is
convicted
Demurrer to Evidence without leave of
Court
 If granted the case is dismissed and acquittal follows.
 If denied, the accused waives his rights to present
evidence and submits the case for judgment.
 When a demurrer is filed without leave of court, the
whole case is submitted for judgment on the basis of the
evidence for the prosecution as the accused is deemed to
have waived his rights to present evidence. At that
juncture, the court is called upon to decide the case,
including its civil aspect, unless the enforcement of the
civil liability by separate civil action has waived or
reserved. (Hun Hyung Park v. Eung Won Choi)
Rules to determine a demurrer to
evidence
 It must make reference to the insufficiency of evidence of
the prosecution and to the evidence on record.
 Rules set by the Supreme Court
 The allegation must be made in good faith
 The stage of proceeding it was filed.
 The primary objective of the party filing it.
Granting of demurrer is an acquittal

It has been long settled that the grant of a

demurrer is tantamount to an acquittal. An
acquitted defendant is entitled to the right of
repose as a direct consequence of the finality of its
acquittal. (People v. Lagos)
 Review : People Vs. Laguio

“It is well settled that the appellate court may review

dismissal orders of the trial court granting an accused’s
demurrer to evidence. This may be done via special civil
action of certiorari under rule 65 based on the ground of
grave abuse of discretion, amounting to lack or excess of
jurisdiction. Such dismissal order being considered void in
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”
Demurrer on Civil Case V. Criminal Case

Civil Case Criminal Case

Failure of plaintiff to show that he is Predicated upon the insufficiency of
entitled of relief under the law evidence
May be filed with or without leave of
No prior leave of court is required
court
Without leave of court, the defendant
when denied, the defendant doesn't waives his right to present evidence
lose the right to present evidence With leave of court,the accused may
adduce his evidence on his defense.
Upon appeal when granted, the
No appeal is allowed since the demurrer
defendant is deemed to have waived
is deemed an acquittal
his right to present his evidence
The court may dismiss the court in its
The court does not have an initiative
initiative
Thank you!