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DEAD MANS STATUTE: evidence in his defense.

When the demurrer to evidence is


filed without leave of court, the accused waives the right to
THE DEAD MANS STATUTE PROVIDES THAT IF present evidence and submits the case for judgment on the
ONE PARTY TO THE ALLEGED TRANSACTION IS basis of the evidence for the prosecution.
PRECLUDED FROM TESTIFYING BY DEATH, Distinguish demurrer to evidence in civil and criminal cases
INSANITY, OR OTHER MENTAL DISABILITIES, THE
SURVIVING PARTY IS NOT ENTITLED TO THE CIVIL CASES
UNDUE ADVANTAGE OF GIVING HIS OWN
UNCONTRADICTED AND UNEXPLAINED ACCOUNT
Ground is: Facts and law show no right to relief
OF THE TRANSACTION:
But before this rule can be successfully invoked to bar the
introduction of testimonial evidence, it is necessary that: On motion
1. The witness is a party or assignor of a party to a 1. If denied
case or persons in whose behalf a case is The defendant has the right to present
prosecuted; evidence, no prior leave of court required
2. The action is against an executor or administrator 2. If granted but reversed on appeal
or other representative of a deceased person or a The defendant waives his right to present
person of unsound mind; evidence
3. The subject-matter of the action is a claim or
demand against the estate of such deceased person CRIMINAL CASES
or against person of unsound mind; and
4. His testimony refers to any matter of fact which Ground is: Insufficient evidence On motion or motu proprio
occurred before the death of such deceased person
or before such person became of unsound mind. 1. If denied and was filed without leave of court
Waiver of right to present evidence
Well entrenched is the rule that when it is the executor or
administrator or representatives of the estate that sets up
the counterclaim, the plaintiff, may testify to occurrences 2. If denied and MTD was filed with leave of court
before the death of the deceased to defeat the counterclaim. The accused may adduce evidence in his defense
Moreover, as defendant in the counterclaim, respondent is
not disqualified from testifying as to matters of fact
occurring before the death of the deceased, said action not
having been brought against but by the estate or
representatives of the deceased. (Sunga-Chan vs. Chua
[2001]).

DEMURRER TO EVIDENCE
Distinguish demurrer to evidence in civil and criminal cases

Distinguish demurrer to evidence in civil and criminal cases


CIVIL CASES
Basis: Rule 33, Revised Rules of Civil Procedure 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.

CRIMINAL CASES
Basis: Rule 119, Revised Rules of Criminal Procedure 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. If the court denies the demurrer to
evidence filed with leave of court, the accused may adduce