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. 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. the accused may adduce evidence in his defense. ² After the prosecution rests its case. When the demurrer to evidence is filed without leave of court. 23. Revised Rules of Criminal Procedure Sec. the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. CRIMINAL CASES Basis: Rule 119. Revised Rules of Civil Procedure Section 1. 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 motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence. Demurrer to evidence. If the court denies the demurrer to evidence filed with leave of court. Demurrer to evidence. he shall have the right to present evidence. . If his motion is denied.

no prior leave of court required If granted but reversed on appeal ² The defendant waives his right to present evidence CRIMINAL CASES Ground is: Insufficient evidence On motion or motu proprio If denied and was filed without leave of court ² Waiver of right to present evidence If denied and MTD was filed with leave of court ² The accused may adduce evidence in his defense .Distinguish demurrer to evidence in civil and criminal cases CIVIL CASES Ground is: Facts and law show no right to relief On motion If denied ² The defendant has the right to present evidence.

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