Rule 33
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.
* * * * * *
Q. What is the situation
contemplated by this rule?
A. After the plaintiff has
rested its case, it is now the turn of the defendant to present his evidence.
Example:
A finished presenting his evidence. A said “I now
rest my case, your Honor.” Meaning, A
has no further evidence to adduce. So, for instance, his witnesses are X, Y and
Z. Then he has exhibits “A”, “B” and “C”. So after these three (3) (X, Y and Z)
finished testifying, A will formally offer his documentary exhibits. A will
say, “I have no more testimonial evidence to offer, I now present formally my
documentary exhibits.”
Court:
What does B say?
B:
“I do not have any objection, “Your honor.”
Court:
“Proceed A”
A:
“I offer, your honor, the following exhibits: “A”, to prove the following; “B”,
to prove…; “C”………..”
Court:
What does B say?
B:
“I have no objection.” Or “I object to Exhibit “C”.
(When you object always state the legal ground. You
cannot say. “I object” and then sit down.
Court:
What is the ground?
B:
“Bahala na kayo judge!”
You must state the ground for objections so that
the court may rule on whether the objection is proper or not, because an
objection may be proper but the ground is improper. It is proper to object, but
the ground raised is improper. So the court will overrule the objection. This
is the reason why the objection should always be stated with its respective
ground. The objection can be ruled upon only on the basis of the ground relied.
Court:
“Exhibits “A”, “B” and “C” are admitted.”
Q.
What is the next thing for B to do?
A.
It is now the turn of B to present his evidence if he wants to. Why “if he
wants to”?
Because B may not like to present his evidence. You
cannot compel him because a party has to choose the evidence he presents. He
cannot be compelled. So, if B does not want any evidence, no power on earth can
compel him. But instead of immediately saying, “I will not present any
evidence,” he wants to test whether the evidence of A is sufficient or not.
Q.
What legal device is he allowed to utilize?
A.
Demurrer to evidence.
Q. What is the concept of demurrer to
evidence?
A.
When B files a demurrer to evidence, he simply says in effect. The evidence of
A consisting of the testimonies of X, Y and Z and the document exhibits “A”,
“B” and “C” even if given all their weight they are utilized to is not simply
sufficient to prove the case of A. Therefore, it is useless for me to present
my evidence because under Rule 133, it is the duty of A to discharge the burden
of proof and since he failed, it’s not my duty anymore to prove my defense.
This is the assumption when B files the demurrer to evidence. The evidence of A
is insufficient; therefore, the complaint must be dismissed.
The court has options in ruling on this demurrer to
evidence. It may deny the demurrer to evidence.
Q.
What is the implication of its denial of the demurrer to evidence?
A.
From the point of view of the court, the evidence of A is sufficient prima
facie to support his case.
The court may grant the demurrer.
Q.
What is the implication of the order of the court granting the demurrer?
A.
It is a pronouncement by the court that the evidence of A is not sufficient to
prove his case.
Q.
What then would be the effect of grant?
A.
The complaint of A is dismissed. But this order of dismissal may be appealed by
A.
The possibilities are, the appellate court may
affirm the order of dismissal or it may reverse the order of dismissal, it
simply means that the appellate court agrees with the trial court that the
evidence of the plaintiff is insufficient. And so, the complaint remains
dismissed.
The trouble arises when the order says, the order
of dismissal is improper. Therefore, the order of dismissal is reversed.
Q.
What is the implication of that?
A.
The implication is that the evidence of A is sufficient to prove his case. So,
the order of dismissal is set aside.
Q.
What is the effect of the reversal order of dismissal on the right of B to
present his evidence? Can he present his evidence or not?
A.
He cannot present his evidence, because by electing to file the demurrer to
evidence, he in effect submitted the case for decision solely on the basis of
the evidence of the plaintiff A.
But supposing in our example at the time B filed
the demurrer to evidence, he said, “in the event the demurrer to evidence is granted and the order of dismissal is
reversed, reserved the right to present my evidence.”
Q.
Will this reservation allow him to present his evidence?
A.
No. You cannot reserve the right to present evidence in the event the order of
dismissal is reversed on the appeal.
* * * * * *
Demurrer to
evidence
is a motion to dismiss filed by the defendant after the plaintiff had rested
his case on the ground of insufficiency of evidence (Ballentine‘s Law
Dictionary).
ONLY ground
The
only ground for demurrer to evidence is that the plaintiff has no right to
relief.
When do you apply for demurrer?
In civil, when plaintiff has
completed presentation of evidence
In criminal, when the prosecution
rests its case
● When is this exactly?
After formal offer of evidence
Do you need leave of court?
In civil cases, no need for leave of
court.
● But if you file leave, is it okay?
Nothing
really wrong, but you’re just delaying your case.
In criminal cases, can you file demurrer without leave of
court?
Yes, but if it is denied, the
consequences are serious.
● If there is no leave, and demurrer
is denied à accused waives the right to present evidence
● If there is leave of court, and
demurrer is denied à accused can still present evidence
What is your remedy if the demurrer is granted? (civil)
You can still appeal, because
demurrer is a final disposition of a case.
If your demurrer is denied, what do you do? (civil)
You can submit evidence, and continue
until judgment.
Can you file
for an MR of the denial?
Yes, you can file.
As long as there is an order, you can file an MR. You can even file it to a judgment, although
it is not a prerequisite for appeal.
If the MR is
denied, what can you do?
File certiorari.
● An order denying
a demurrer to evidence is interlocutory and is therefore, not appealable. It
can however be the subject of a petition for certiorari in case of grave abuse
of discretion or an oppressive exercise of judicial authority.
● But in criminal
demurrer, can you file for certiorari after denial of the MR?
You cannot appeal a denial or file for certiorari
until final disposition of the case.
● What is the effect of dismissal in a criminal case?
It amounts to an acquittal. This is not a dismissal without prejudice. You cannot re-file.
● But is it reviewable by appeal?
No. It is an acquittal. Double jeopardy has set in.
● But is it reviewable by another mode?
Petition for Certiorari (Rule 65)
● Demurrer
to evidence takes the nature of a motion to dismiss. If he files it without leave of court, he
waives his right to present evidence and he submits the case for submission purely on the evidence presented by
prosecution.
If the
demurrer is granted and the accused is acquitted, can the accused adduce
evidence on the civil aspect of the case?
Despite the acquittal, the court can still hear the case
as to the civil aspect, unless there is a declaration that the fact from which
the civil liability would arise does not exist. So if the accused was not able
to present evidence in the civil aspect, it is a void judgment.
What is the consequence of a reversal by the higher court,
after the initial granting of a demurrer? (civil)
The defendant cannot adduce evidence
anymore. The court will render judgment on the available evidence.
If
the motion is granted and the order of dismissal is reversed on appeal, the
movant loses his right to present the evidence on his behalf. In the case of
reversal, the appellate court shall render judgment for the plaintiff based on
the evidence alone.
It
is not correct for the appellate court reversing the order granting the
demurrer to remand the case to the trial court for further proceedings. The
appellate court should, instead of remanding the case, render judgment on the
basis of the evidence submitted by the plaintiff (Radiowealth Finance Corp. vs.
Del Rosario, 335 SCRA 288).
● This effect does not apply to
criminal cases
Demurrer to Evidence
Civil
Case vs. Criminal Case
1)
In a civil case, leave of court is not required before filing a
demurrer. In a criminal case, leave of court may be filed with or without leave
of court (Sec. 23, Rule 119).
2)
In a civil case, if the demurrer is granted, the order of dismissal is appealable—since
the motion is interlocutory. In a criminal case, the order of dismissal is not
appealable because of the constitutional policy against double jeopardy—denial
is tantamount to acquittal, final and executory.
3)
In civil case, if the demurrer is denied, the defendant may proceed to present
his evidence. In a criminal case, the accused may adduce his evidence only
if the demurrer is filed with leave of court. He cannot present his evidence if
he filed the demurrer without leave of court (Sec. 23, Rule 119).
Motion to Dismiss vs. Demurrer to Evidence
● The provision of the Rules governing demurrer to evidence does not apply to
an election case (Gementiza vs. COMELEC, 353 SCRA 724).
Motion to Dismiss vs. Demurrer to Evidence
1. A
motion to dismiss is filed before a responsive pleading is made by the
defendant. A demurrer to evidence is filed after plaintiff has rested its case.
2.
Motion to dismiss is grounded on preliminary objections enumerated under Rule
16. Demurrer to evidence is based on insufficiency of evidence.
N.B. In a bar
exam, demurrer was once coined as “motion to dismiss on the ground of
insufficiency of evidence.” This case
used the very same terms.
0
Comments
