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Demure R
Demure R
Demurer
First of all it is the prosecution who will present evidence first. Although
as I told you last time the order of trial may be modified:
If the accused admits the charged but interposes of lawful defense. Otherwise it
is the prosecution that will present evidence first. But then after presenting
evidence, it has no more witness to go, no more witness to present, the
prosecution will rest. Meaning it has given the presentation of evidence. Now,
after the prosecution rests, the court may dismiss the case, the criminal case
on what ground? On the ground of insufficiency of evidence. The evidence
presented by the prosecution cannot satisfy of the requirement of proof beyond
reasonable doubt, so the court files it insufficient.
Question is, Can the court dismiss the case on his own?
Yes, because the rules says it may dismiss the case on ground of insufficiency
of evidence. Alright, upon his own initiative, but after the pleading of a
prosecution an opportunity to be heard upon a demurer to evidence filed by the
accused with or without leave of court. It means that the accused may file a
demurer without leave or court or with leave of court. Id like you to know that
demurer is in the nature of motion to dismiss.
To dismiss the case on what ground? On the ground of insufficiency of
evidence.
So, if it be asked in the bar exam.
What is a demurer to evidence?
Answer:
It is a motion to dismiss on the ground of insufficiency of evidence.
Question: Who files a demurer?
Answer: The accused
Question: Is the accused required to first obtain leave of court?
Answer: No, because you can file demurer even without leave of court.
**Take note: How the question is phrased
Question: Is the accused required to obtain leave of court before filing the
demurer?
Answer: No, because you can file it without leave of court.
Question: May the accused file a demurer
Glemor A. Dagiwa
Crim Pro
Prof:Dean Agranzamendez
Answer:Yes, without or with leave of court but ,take note that there is
distinction between filing a demurer without leave of court and filing with leave
of court.
So what happens if the accused files the demurer without leave of court?
He waives the right to present evidence. Hes submitting the case for decision
on the basis of the evidence presented by the prosecution. So what happens if
the accused files the demurer without leave of court? He waives the right to
present evidence and he submits the case for decision on the basis of the gross
of evidence presented by the prosecution. In fact, he is submitting the case for
decision.
Question is, if the court will decide the case what evidence will the court
consider?
Answer: The evidence submitted by the prosecution.
Question: What about the evidence of the accused?
Answer: He has no evidence.
Why?
Answer: Because he is waiving or he has waived the right to present
evidence.
How did he do that?
Answer: By filing a demurer without leave of court.
So can the accused who files the demurer without leave of court waives his
right to present evidence?
****In a real life situation thats a risky decision.
Question: What about if the accused files demurer with leave of court?
Answer: Demurer may be denied or granted.
Who files demurer of evidence with leave of court?
What will happen to this demurer?
Answer: Well, it may be granted or denied.
Glemor A. Dagiwa
Crim Pro
Prof:Dean Agranzamendez
IF denied
Question: What is the remedy of the accused who files a demurer of evidence
with leave of court if it is denied?
Answer: To present evidence.
An accused who files a demurer with leave of court does not lose his
right to present evidence in the event his demurer is denied by the
Look:
X, accused
PP
Prosecution rested its case. X filed a demurer with leave of court and then his
demurer is denied.
Question:
What is the next thing to happen?
Answer: Well, simply put him into trial with the accused presenting
evidence this time.
So lets say, youre the counsel representing the accused which is the better
option:
Glemor A. Dagiwa
Crim Pro
Prof:Dean Agranzamendez
the
criminal
action
after
giving
the
prosecution
an
the
accused
filed
demurer
to
If Granted,
Question: May the plaintiff appeal from the order granting demurer to
evidence?
Answer: No.
Question: If the case is dismissed in civil action. May a plaintiff
appeal.
Answer:Yes.
Question: If the case is dismissed in a criminal action. May a
plaintiff appeal?
Answer:No. because in criminal the case the accused has the right
against double jeopardy and appeal from the order of dismissal raised the right
of the accused against double jeopardy.
Suppose the dismissal in criminal case is wrong.
Glemor A. Dagiwa
Crim Pro
Prof:Dean Agranzamendez
No.
September 10,2014
PP vs. X
RTC
Deny
1. If the demurer was filed without leave of court then the accused will also pass
upon the civil liability of the accused. Except:
a. The offended party has waived his civil liability
b. Reserved the right to file a separate civil action
c. Instituted civil action prior to criminal action
- The demurer may be granted or denied
Question: In excluding demurer to evidence ,may the court still hold the accused
for civil liability?
Answer: It depends:
a. The act or omission of the offense charged, the civil liability did not
exist.
b. The liability is only civil
c. The offense does not arise from the offense charged.
IF Denied: The accused is found guilty, the accused is civilly liable.
2. Demurer to evidence is filed with leave of court
A. If the court denies demurer- The accused will present evidence both as to the
criminal and civil aspects of the case. Then the court will resolve and decide
it both as to criminal and civil but it will not resolve the civil if:
a. The offended party has waived his civil liability
b. He reserved the right to file a separate civil action
c. Instituted civil action prior to criminal action
Then there is not civil aspect
B. If the court granted the demurer In the opinion or mind of the court, the
evidence presented by the prosecution insufficient to prove the guilt of the
accused beyond reasonable doubt.
Question: Does it mean there is no more civil liability?
Answer: The same evidence may be deemed sufficient to prove the claim of
the offended party by preponderance of evidence. The court should require
the accused to present evidence on the civil aspect of the case. Except if:
a. The offended party has waived his civil liability.
b. He reserved the right to file a separate civil
action
c. Instituted civil action prior to criminal action
Means there is no civil aspect
Glemor A. Dagiwa
Crim Pro
Prof:Dean Agranzamendez
Glemor A. Dagiwa
Crim Pro
Prof:Dean Agranzamendez
Glemor A. Dagiwa
Crim Pro
Prof:Dean Agranzamendez
Glemor A. Dagiwa
Crim Pro
Prof:Dean Agranzamendez