Q. Demurrer to Evidence (Rule 33)

P. Demurrer to Evidence (Rule 33)

> RULE 33 DEMURRER TO EVIDENCE Section 1. Demurrer to evidence. – After the plaintiff has completed the presentation of his or her 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 or her motion is denied, he or she shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed, he or she shall be deemed to have waived the right to present evidence. (1a) Section 2. Action on demurrer to evidence. – A demurrer to evidence shall be subject to the provisions of Rule 15. The order denying the demurrer to evidence shall not be subject of an appeal or petition for certiorari, prohibition or mandamus before judgment. (n)

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.

Note: The evidence contemplated by the rule on demurrer is that which pertains to the merits of the case, excluding technical aspects such as capacity to sue. (Celino v. Heirs of Alejo and Teresa Santiago, G.R. No. 161817, 2004)

Demurrer to evidence authorizes a judgment on the merits of the case without the defendant having to submit evidence on his part as he would ordinarily have to do, if it is shown by plaintiff’s evidence that the latter is not entitled to the relief sought.

A demurrer to evidence is likewise sustainable when, admitting every proven fact favorable to the plaintiff and indulging in his favor all conclusions fairly and reasonably inferable therefrom, the plaintiff has failed to make out one or more of the material elements of his case, or when there is no evidence to support an allegation necessary to his claim. It should be sustained where the plaintiff’s evidence is prima facie insufficient for a recovery. [Heirs of Santioque v. Heirs of Calma, G.R. No. 160832, 2006)

Q: X Corporation filed a petition for issuance of the owner’s duplicate copy of a Transfer Certificate of Title (TCT) in lieu of the lost one. It allegedly exerted all possible efforts to locate the owner's duplicate copy of TCT but to no avail. The RTC issued an Order dismissing the petition for insufficiency of evidence. Instead of filing an appeal from the Order, X Corporation filed a second petition in which the allegations were the same as that contained in the first petition. The RTC dismissed the second petition on the ground of res judicata. X Corporation then filed a petition for certiorari with the CA. The CA dismissed the petition based on the ground that the wrong remedy was availed of, and it must be by appeal.

2. EFFECT OF DENIAL

Defendant CAN present his evidence as a matter of right EVEN IF he did NOT obtain leave of court or reserve his right to do so.

An order denying a demurrer to the evidence is INTERLOCUTORY and is therefore NOT appealable. It can be the subject of a Petition for Certiorari in case of grave abuse of discretion or an oppressive exercise of judicial authority. (Katigbak v. Sandiganbayan, G.R. No. 140183, 2003)

3. EFFECT OF GRANT

Court will render judgment on demurrer to evidence by DISMISSING the case. This order is APPEALABLE.

No Need for Further Evidence

Such plea removes the necessity of presenting further evidence and for all intents and purposes the case is deemed tried on its merits and submitted for decision.

DISTINGUISH FROM DEMURRER TO EVIDENCE

Notwithstanding the interlocutory character and effect of the denial of the demurrers to evidence, the petitioners-accused could avail themselves of the remedy of certiorari when the denial was tainted with grave abuse of discretion. (Arroyo v. People, G.R. No. 220598, 2016; Aguas v. Sandiganbayan, G.R. 220953, 2016)

When the accused files such motion to dismiss without express leave of court, he waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. The RTC did not need to inquire into the voluntariness and intelligence of the waiver, for her opting to file her demurrer to evidence without first obtaining express leave of court effectively waived her right to present her evidence. (People v. Cristobal, G.R. No. 159450, 2011)

Demurrer to evidence

• Demurrer to Evidence. — After the prosecution has rested its case, the court shall inquire from the accused if he/she desires to move for leave of court to file a demurrer to evidence, or to proceed with the presentation of his/her evidence.
• If the accused orally moves for leave of court to file a demurrer to evidence, the court shall orally resolve the same. If the motion for leave is denied, the court shall issue an order for the accused to present and terminate his/her evidence on the dates previously scheduled and agreed upon, and to orally offer and rest his/her case on the day his/her last witness is presented.
• If despite the denial of the motion for leave, the accused insists on filing the demurrer to evidence, the previously scheduled dates for the accused to present evidence shall be cancelled.
• The demurrer to evidence shall be filed within a non-extendible period of 10 calendar days from the date leave of court is granted, and the corresponding comment shall be filed within a non-extendible period of 10 calendar days counted from date of receipt of the demurrer to evidence. The demurrer shall be resolved by the court within a non-extendible period of 30 calendar days from date of the filing of the comment or lapse of the 10-day period to file the same.

If the motion for leave of court to file demurrer to evidence is granted, and the subsequent demurrer to evidence is denied, the accused shall likewise present and terminate his/her evidence (one day apart, morning and afternoon) and shall orally offer and rest his/her case on the day his/her last witness is presented. The court shall rule on the oral offer of evidence of the accused and the comment or objection of the prosecution on the same day of the offer. If the court denies the motion to present rebuttal evidence because it is no longer necessary, it shall consider the case submitted for decision.