Demurrer to Evidence, How made

SPS. Gonzales vs. Bugaay (GR 173008)

The Court has previously explained the nature of a demurrer to evidence in the case of Celino v. Heirs of Alejo and Teresa Santiago as follows:

A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence and is presented after the plaintiff rests his case. It is an objection by one of the parties in an action, to the effect that the 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 evidence contemplated by the rule on demurrer is that which pertains to the merits of the case.

In passing upon the sufficiency of the evidence raised in a demurrer, the court is merely required to ascertain whether there is competent or sufficient proof to sustain the judgment. Being considered a motion to dismiss, thus, a demurrer to evidence must clearly be filed before the court renders its judgment.

Choa vs. Choa (GR 143376)

A demurrer to evidence is defined as an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary produced is insufficient in point of law (whether true or not) to make out his case or sustain the issue. The demurrer challenges the sufficiency of the plaintiffs evidence to sustain a verdict. In passing upon the sufficiency of the evidence raised in a demurrer, the court is merely required to ascertain whether there is competent or sufficient proof to sustain the indictment or to support a verdict of guilt.

Casent Realty Dev. Corp vs. PHILBANKING (GR 150731)

What should be resolved in a motion to dismiss based on a demurrer to evidence is whether the plaintiff is entitled to the relief based on the facts and the law. 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.

However, the plaintiffs evidence should not be the only basis in resolving a demurrer to evidence.The facts referred to in Section 8 should include all the means sanctioned by the Rules of Court in ascertaining matters in judicial proceedings. These include judicial admissions, matters of judicial notice,stipulations made during the pre-trial and trial, admissions, and presumptions, the only exclusion being the defendants evidence.

Celino vs. Heirs of Santiago (GR 161817)

A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence and is presented after the plaintiff rests his case. It is an objection by one of the parties in an action, to the effect that the 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 evidence contemplated by the rule on demurrer is that which pertains to the merits of the case.

Thus, as correctly held by the Court of Appeals, lack of legal capacity to sue is not a proper ground for a demurrer to evidence, pertaining as it does to a technical aspect, and it having nothing to do with the evidence on the merits of the complaint. Consequently, petitioners Demurrer to Evidence and Motion for Reconsideration should be denied, as the trial court did.

Salazar vs. People (GR 151931)

In criminal cases, the demurrer to evidence partakes of the nature of a motion to dismiss the case for failure of the prosecution to prove his guilt beyond reasonable doubt. In a case where the accused files a demurrer to evidence without leave of court, he thereby waives his right to present evidence and submits the case for decision on the basis of the evidence of the prosecution. On the other hand, if the accused is granted leave to file a demurrer to evidence, he has the right to adduce evidence not only on the criminal aspect but also on the civil aspect of the case if his demurrer is denied by the court.

If demurrer is granted and the accused is acquitted by the court, the accused has the right to adduce evidence on the civil aspect of the case unless the court also declares that the act or omission from which the civil liability may arise did not exist. If the trial court issues an order or renders judgment not only granting the demurrer to evidence of the accused and acquitting him but also on the civil liability of the accused to the private offended party, said judgment on the civil aspect of the case would be a nullity for the reason that the constitutional right of the accused to due process is thereby violated.

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The petitioner was granted leave of court to file a demurrer to evidence. The court issued an order granting the demurrer on its finding that the liability of the petitioner was not criminal but only civil. However, the court rendered judgment on the civil aspect of the case and ordered the petitioner to pay for her purchases from the private complainant even before the petitioner could adduce evidence thereon. Patently, therefore, the petitioner was denied her right to due process.

Uy vs. Chua (GR 183965)

The essential question to be resolved in a demurrer to evidence is whether petitioner has been able to show that she is entitled to her claim, and it is incumbent upon RTC-Branch 24 to make such a determination. A perusal of the Resolution dated 25 June 2008 of RTC-Branch 24 in Special Proceeding No. 12562-CEB shows that it is barren of any discussion on this matter. It did not take into consideration any of the evidence presented by petitioner. RTC-Branch 24 dismissed Special Proceedings No. 12562-CEB on the sole basis of res judicata, given the Decision dated 21 February 2000 of RTC-Branch 9 in Special Proceeding No. 8830-CEB, approving the Compromise Agreement between petitioner and respondent.

Hence, the Resolution dated 25 June 2008 of RTC-Branch 24 should be deemed as having dismissed Special Proceeding No. 12562-CEB on the ground of res judicata rather than an adjudication on the merits of respondents demurrer to evidence. Necessarily, the last line of Section 1, Rule 33 of the Rules of Court should not apply herein and respondent should still be allowed to present evidence before RTC-Branch 24 in Special Proceedings No. 12562-CEB.

Heirs of Pasag vs. SPS. Parocha (GR 155483)

A demurrer to evidence is an instrument for the expeditious termination of an action; thus, abbreviating judicial proceedings. It is defined as an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary produced is insufficient in point of law (whether true or not) to make out his case or sustain the issue. The demurrer challenges the sufficiency of the plaintiffs evidence to sustain a verdict. In passing upon the sufficiency of the evidence raised in a demurrer, the court is merely required to ascertain whether there is competent or sufficient proof to sustain the indictment or to support a verdict of guilt.

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