Demurrer to Evidence in Philippine Criminal Procedure

A demurrer to evidence is a motion filed by the defense in a criminal case, arguing that the evidence presented by the prosecution is insufficient to prove the guilt of the accused beyond reasonable doubt. This motion can be filed with or without leave of court, and the accused may choose to adduce his/her own evidence or waive this right.

Grounds for Demurrer to Evidence

The grounds for filing a demurrer to evidence are limited to the following:

• The defense argues that the evidence presented by the prosecution is insufficient to prove the guilt of the accused beyond reasonable doubt.

Options of the Accused After the Prosecution Rests Its Case

After the prosecution rests its case, the accused has the following options:

• File a demurrer to evidence with or without leave of court.
• Adduce his/her own evidence, unless the accused waives this right.

Filing a Demurrer to Evidence

To file a demurrer to evidence, the accused must follow these steps:

• File a motion for leave of court to file a demurrer to evidence within five (5) days after the prosecution rests its case.
• The motion must state the grounds for the demurrer to evidence.
• The prosecution has five (5) days to oppose the motion.
• If leave of court is granted, the accused must file the demurrer to evidence within ten (10) days from notice.
• The prosecution may oppose the demurrer to evidence within a similar period.

Effect of Filing Demurrer to Evidence

The effect of filing a demurrer to evidence depends on whether it is granted or denied by the court:

• If the court grants the demurrer to evidence, the case will be dismissed.
• If the court denies the demurrer to evidence filed with leave of court, the accused may still present evidence in his/her defense.
• If the demurrer to evidence is filed without leave of court and subsequently denied, the accused waives the right to present evidence, and the case will be decided based on the prosecution’s evidence.

FAQs

What is a demurrer to evidence?

A demurrer to evidence is a motion filed by the defense in a criminal case, arguing that the evidence presented by the prosecution is insufficient to prove the guilt of the accused beyond reasonable doubt.

When can a demurrer to evidence be filed?

A demurrer to evidence can be filed after the prosecution has rested its case.

What are the options of the accused after the prosecution rests its case?

After the prosecution rests its case, the accused can choose to:

• File a demurrer to evidence with or without leave of court.
• Adduce his/her own evidence, unless the accused waives this right.

How is a demurrer to evidence filed?

To file a demurrer to evidence, the accused must:

• File a motion for leave of court to file a demurrer to evidence within five (5) days after the prosecution rests its case.
• The motion must state the grounds for the demurrer to evidence.
• The prosecution has five (5) days to oppose the motion.
• If leave of court is granted, the accused must file the demurrer to evidence within ten (10) days from notice.
• The prosecution may oppose the demurrer to evidence within a similar period.

What is the effect of filing a demurrer to evidence?

The effect of filing a demurrer to evidence depends on whether it is granted or denied by the court:

• If the court grants the demurrer to evidence, the case will be dismissed.
• If the court denies the demurrer to evidence filed with leave of court, the accused may still present evidence in his/her defense.
• If the demurrer to evidence is filed without leave of court and subsequently denied, the accused waives the right to present evidence, and the case will be decided based on the prosecution’s evidence.

Can a demurrer to evidence be appealed?

As a general rule, an order denying a demurrer to evidence cannot be appealed, as it is an interlocutory order that does not pass judgment on the merits of the case. However, it can be the subject of a petition for certiorari in case of grave abuse of discretion or an oppressive exercise of judicial authority.

What is the purpose of a demurrer to evidence?

The purpose of a demurrer to evidence is to allow the accused to challenge the sufficiency of the prosecution’s evidence before presenting his/her own defense. This can help to avoid unnecessary trials and save time and resources.

What are some common grounds for filing a demurrer to evidence?

Some common grounds for filing a demurrer to evidence include:

• The prosecution failed to present any evidence to support a material element of the crime.
• The prosecution’s evidence is contradictory, unreliable, or insufficient to prove the guilt of the accused beyond reasonable doubt.
• The prosecution’s evidence was obtained illegally or in violation of the accused’s rights.