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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A demurrer to evidence is defined as an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary produced is insufficient in point of law (whether true or not) to make out his case or sustain the issue. (Spouses Emilio Mangaron, Jr. vs. Hanna Via Design & Construction, G.R. No. 224186, September 23, 2019)
A demurrer to evidence may be filed in both civil and criminal cases.
Demurrer to Evidence in Criminal Cases
Section 23, Rule 119 of the Revised Rules of Criminal Procedure provides:
Sec. 23. Demurrer to evidence. – After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court.
In criminal cases, the demurrer to evidence partakes of the nature of a motion to dismiss the case for failure of the prosecution to prove his guilt beyond reasonable doubt. In a case where the accused files a demurrer to evidence without leave of court, he thereby waives his right to present evidence and submits the case for decision on the basis of the evidence of the prosecution. On the other hand, if the accused is granted leave to file a demurrer to evidence, he has the right to adduce evidence not only on the criminal aspect but also on the civil aspect of the case if his demurrer is denied by the court.
If demurrer is granted and the accused is acquitted by the court, the accused has the right to adduce evidence on the civil aspect of the case unless the court also declares that the act or omission from which the civil liability may arise did not exist. If the trial court issues an order or renders judgment not only granting the demurrer to evidence of the accused and acquitting him but also on the civil liability of the accused to the private offended party, said judgment on the civil aspect of the case would be a nullity for the reason that the constitutional right of the accused to due process is thereby violated. (Anamer Salazar vs. The People of the Philippines and J.Y. Brothers Marketing Corporation, G.R. No. 151931, September 23, 2003)
Demurrer to Evidence in Civil Cases
A demurrer to evidence is governed by Rule 33, Section 1 of the Rules of Civil Procedure. In filing it, a party questions the sufficiency of the evidence presented by the plaintiff on the ground that the plaintiff failed to show a right to the relief it asks for. If granted, it results in the dismissal of the complaint in favor of the movant. Thus, it is akin to a motion to dismiss. Rule 33, Section 1 of the Rules of Civil Procedure provides:
SECTION 1. Demurrer to evidence. – After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his motion is denied he shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence. (International Exchange Bank (Now UnionBank of the Philippines) vs. Jose Co Lee and Angela T. Lee, G.R. No. 243163, July 4, 2022).
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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