Criminal Procedure

JD4202
Judge J. Asis
16 November 2019

Report on Demurrer to Evidence

Demurrer to Evidence, Explained
A Demurrer to Evidence is a motion by any party brought before the court objecting to
the evidence presented by the opposing party and its weight in sustaining the issue at
bar. It is a request by the party movant for the court to determine whether the evidence
in question is enough to support a guilty or adverse verdict.1 In effect, a motion for
Demurrer of Evidence is a motion to dismiss a case based on the evidence presented.
The Court in explaining the abovementioned said:
[Demurrer to Evidence is] an objection by one of the parties in an action, to the effect that
evidence which his adversary produced is insufficient in point of law, whether true or not,
to make out a case or sustain the issue. The Party demurring challenges the sufficiency of
the whole evidence to sustain a verdict. xxx Sufficient evidence for the purposes of
frustrating a demurrer thereto is such evidence in character, weight, or amount as will
legally justify the judicial or official action demanded according to the circumstances. To
be considered therefore, the evidence must prove: (a) the commission of the crime and
(b) the precise degree of participation therein by the accused.23

How and When to File

A Demurrer to Evidence is filed after the “prosecution has rested its case 4” and is
essentially a question raised by the party adverse on the sufficiency of the evidence
presented by the opposing party. A Demurrer filed before the opposing party had ended
its presentation of evidence is deemed pre-mature since the purpose of the Demurrer is
to question the weight of evidence presented. It is filed either (a) with leave of court or
(b) without leave of court. The two have different consequences if in case the Demurrer
is denied. If a Demurrer is filed with leave of court, is must:
i. Specifically state its grounds, and
ii. Shall be filed within a non-extendable period of five (5) days after the
prosecution has rested its case.

1
Bar Question, 2015
2
People vs. Go, G.R. No. 191015, August 6, 2014.
3
Singian vs. Sandiganbayan [Third Division] 451, 468-469, September 30, 2013 cited in People vs. Go, G.R. No.
191015, August 6, 2014. Emphasis supplied.
4
Riano, Criminal Procedure, 496.
 iii. The prosecution may oppose the motion for leave of court to file a demurrer
to evidence within a non-extendable period of five (5) days upon receipt of the
motion.
iv. If the leave is granted, the party filing must file its motion to demurrer within
ten (10) days. The opposing party is also given the same period to oppose
upon receipt.
v. A granted demurrer is in effect an acquittal of the party movant.56
If the demurrer is denied, the movant proceeds to enter evidence in the regular fashion.
No appeal is allowed because a denial of either a motion for leave or the demurrer itself
is not reviewable by appeal or by certiorari. A Demurrer to Evidence without leave of
court is also allowed. However, unlike in a demurrer with leave of court, a denial of the
demurrer equates to a waiving of the party movant’s right to present evidence in his
favor.
Effects and Limitations
As mentioned above, a demurrer to evidence granted had the effect of an acquittal of
the party movant. This is because a demurrer is, in essence, a request for the court to
determine whether the evidence already presented is enough to prove the accused guilty
of his charge. Any determination to the contrary means that the charge had not been
proven beyond reasonable doubt or by the quantum necessary to affect a favorable
judgement. As the court said: “In has long been 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 his acquittal.7”
In the case of Cabador vs. People8, the court differentiated a demurrer to evidence to a
motion to dismiss on the grounds of the right to a speedy trial. In the said case, the
accused had languished in court for years without advancement in the process of the
trial. The prosecution had delayed the movement of the case through consistent motions
for continuances and the absence of the assigned prosecutor during scheduled hearing.
He filed a motion to dismiss the case stating that his right to a speedy trial had been
infringed by the deliberate delay tactics from the prosecution. He had done this without
leave of court and this motion was subsequently denied by the trial court. However, the
trial court recognized his motion as a demurrer to evidence without leave of court and so
immediately rendered judgement based on the evidence already submitted. This found
him guilty of his charge. In his appeal, the CA rejected the motion on the grounds of the
non-appealability of a denied demurrer to evidence. However, the Supreme Court
reversed the decision stating that the motion entered by the accused was not a demurrer

5
Sec. 23, Rule 119, Rules of Court
6
Mupas vs. People, 659 SCRA 56, 57
7
People vs. Lagos, G.R. No. 184658, March 6, 2013
8
Cabador vs. People, 602 SCRA 760, 768
to evidence but a simple motion to dismiss. Both the Trial Court and the Court of Appeals
erred when it recognized the motion as a demurrer when it was not.
Following from this, the court also noted that the non-appealability of a denied demurrer
is also subject to the expanded power of judicial review where certiorari is applicable if it
is proven that the judge had exercised grave abuse of discretion amounting to lack or
excess of jurisdiction.9 It will also hold if the court is proven to have blatantly ignored
facts or denies a party due process.10 It cannot, however, be invoked to correct an error
of judgement.11 In all cases, it falls on the accused to prove the burden that the court
had indeed exercised grave abuse of discretion.12
Demurrer to Evidence, Civil vs. Criminal Case
In terms of the basis for the demurrer, in a Civil Case, a respondent predicates the
dismissal on the facts of the law and the lack of basis for the plaintiff to relief. In a criminal
case, the accused predicates the dismissal on the insufficiency of evidence against him.13
Civil case demurrers also need no leave of court for the respondent to move for the
dismissal. A denied demurrer in a Civil case does not bar the respondent from submitting
evidence. Civil case demurrers are also subject to regular appeal.14Criminal cases, as
mentioned above, have different effects on the accused and the procedure of further
evidence.15
Finally, in criminal cases, the court has the power to moto propio dismiss an action after
providing the prosecution time to present and enter its evidence. This is to ensure that
the court also has the power to end cases which, in its judgement, are not worth taking
further consideration on. In civil cases, however, only the respondent can enter a motion
to demurrer, since it is only him that faces the consequences of an adverse verdict. The
court has no right to intervene apart from denying or granting the same.16

9
People vs. Laguio, Jr., 518 SCRA 393
10
People vs. Sandiganbayan [Second Division], G.R. No. 197953, August 5, 2015
11
Ibid.
12
Ibid.
13
Riano, Criminal Procedure, 498.
14
Ibid.
15
Ibid.
16
Ibid.