Tuesday, November 5, 2013

When to File a Motion for Leave to File Demurrer to Evidence

Section 23, Rule 119 of the Revised Rules of Criminal Procedure, states:

"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 the evidence filed by the accused with or without leave of court."


"The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt." [emphasis supplied]

In order to count properly the non-extendible period of five days, it is important to know when the prosecution is considered to have rested its case. According to the Supreme Court, the prosecution is considered to have rested its case after court has already ruled on the admissibility of the prosecution's documentary exhibits.

In other words, the five-day non-extendible period is not to be counted from the date of the hearing when the prosecution has orally manifested that it rests its case, nor from the date of the prosecution's oral formal offer of documentary exhibits or from the date the counsel for the accused received a copy of the the prosecution's written formal offer. It is to be counted from the date the court has ruled on the admissibility of the prosecution's evidence. Take note that the court may immediately rule on the admissibility of the documentary exhibits if these were offered orally during the hearing. If you are for the prosecution, it is therefore best to offer your documentary exhibits orally so that the court can rule on it in the same hearing.

In Cabador vs. People (G.R. No. 186001, October 2, 2009), the Supreme Court stated:
"Here, after the prosecution filed its formal offer of exhibits on August 1, 2006, the same day Cabador filed his motion to dismiss, the trial court still needed to give him an opportunity to object to the admission of those exhibits.  It also needed to rule on the formal offer. And only after such a ruling could the prosecution be deemed to have rested its case."


The articles in this blog are the writer's own opinion, views or report of facts, AND SHOULD NOT SUBSTITUTE for official documents or issuances, or the advice of an independent and competent legal counsel. We do not warrant the accuracy and suitability of these articles for whatever purpose you may have in copying them. Thank you.

Privacy Policy

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you accept the practices described here.

Collection of Information
We collect personally identifiable information, like names, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request, unless you give us permission to use it in another manner, for example, to add you to one of our mailing lists.

Cookie/Tracking Technology
Our site may use cookies and tracking technology which are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the Site. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Third parties such as our advertisers may also use cookies to collect information in the course of serving ads to you. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

Distribution of Information
We do not share your personally identifiable information to any third party for marketing purposes. However, we may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.

Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized staff of this site (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Privacy Contact Information
If you have any questions, concerns, or comments about our privacy policy you may contact us by email at barops@gmail.com.

We reserve the right to make changes to this policy. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.