Demurrer

Demurrer to evidence
36. WHAT IS THE EFFECT OF FILING THE DEMURRER TO EVIDENCE

WITHOUT LEAVE OF COURT?
If the court denies the demurrer to evidence which was filed without leave of court,
the accused is deemed to have waived his right to present evidence and submits the case for
judgment on basis of the evidence of the prosecution.
This is because demurrer to evidence is not a matter of right but is discretionary on the
court. Permission of the court has to be obtained before it is filed, otherwise the accused
loses certain rights.
37. THE ACCUSED FILED A DEMURRER OF EVIDENCE WITHOUT LEAVE
OF COURT BEFORE THE PROSECUTION OFFERED ITS
EVIDENCE. THE DEMURRER OF EVIDENCE IS DENIED. IS THERE
ABSOLUTE WAIVER OF PRESENTATION OF EVIDENCE BY THE COURT?
No, it is not an absolute waiver of presentation of evidence by the Court.
The general rule is that filing of a demurrer of evidence without leave of court,
which is subsequently denied, is a waiver of presentation of evidence.
Nonetheless, if the demurrer of evidence is filed before the prosecution rests its
case, there would be no waiver to present evidence. As the prosecution hasn’t finished
presenting its evidence, there is still insufficiency of evidence. (Cabador vs Philippines.Gr.
No. 186001)
38. WHAT IS THE REMEDY OF THE ACCUSED IF THE DEMURRER TO

EVIDENCE IS DENIED?
In the event his motion is denied, the defendant does not waive his right to offer
evidence. 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. Cruz v. People (303 SCRA 533 [1999])
39. HOW IS THE JUDGMENT PROMULGATED?
The judgment is promulgated by reading it in the presence of the accused and any judge
of the court in which it was rendered. However, if the conviction is for a light offense, the
judgment may be pronounced in the presence of his counsel or representative. When the judge is
absent or outside the province or city, the judgment may be promulgated by the clerk of court.
If the accused is confined or detained in another province or city, the judgment may be
promulgated by the executive judge of the Regional Trial Court having jurisdiction over the
place of confinement or detention upon request of the court which rendered the judgment. The
court promulgating the judgment shall have authority to accept the notice of appeal and to
approve the bail bond pending appeal; provided, that if the decision of the trial court convicting
the accused changed the nature of the offense from non bailable to bailable, the application for
bail can only be filed and resolved by the appellate court. The proper clerk of court shall give
notice to the accused personally or through his bondsman or warden and counsel, requiring him
to be present at the promulgation of the decision. If the accused was tried in absentia because he
jumped bail or escaped from prison, the notice to him shall be served at his last known address.
40. CAN THERE BE PROMULGATION OF JUDGMENT IN THE ABSENCE OF

THE ACCUSED?
Yes, there can be promulgation in the absence of the accused.

In case the accused fails to appear at the scheduled date of promulgation of judgment
despite notice, the promulgation shall be made by recording the judgment in the criminal docket
and serving him a copy thereof at his last known address or thru his counsel.
If the judgment is for conviction and the failure of the accused to appear was without
justifiable cause, he shall lose the remedies available in these rules against the judgment and the
court shall order his arrest. Within fifteen (15) days from promulgation of judgment, however,
the accused may surrender and file a motion for leave of court to avail of these remedies. He
shall state the reasons for his absence at the scheduled promulgation and if he proves that his
absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen
(15) days from notice (Sec. 6).
Section 6, Rule 120, of the Rules of Court provides that it is incumbent upon the accused
to appear on the scheduled date of promulgation, because it determines the availability of their
possible remedies against the judgment of conviction. When the accused fail to present
themselves at the promulgation of the judgment of conviction, they lose the remedies of filing a
motion for a new trial or reconsideration (Rule 121) and an appeal from the judgment of
conviction (Rule 122). It is among the rules of procedure which the Supreme Court is competent
to adopt pursuant to its rule-making power under Article VIII, Section 5(5) of the Constitution.
As such, said rules do not take away, repeal or alter the right to file a motion for reconsideration
as said right still exists. The Supreme Court merely laid down the rules on promulgation of a
judgment of conviction done in absentia in cases when the accused fails to surrender and explain
his absence within 15 days from promulgation. Clearly, the said provision does not take away
substantive rights; it merely provides the manner through which an existing right may be
implemented. Hence, it does not take away per se the right of the convicted accused to avail of
the remedies under the Rules. It is the failure of the accused to appear without justifiable cause
on the scheduled date of promulgation of the judgment of conviction that forfeits their right to
avail themselves of the remedies against the judgment. Moreover, it also provides the remedy by
which the accused who were absent during the promulgation may reverse the forfeiture of the
remedies available to them against the judgment of conviction. (Jaylo v. Sandiganbayan First
Division, GR Nos. 183152-54, 01/21/2015).
41. WHAT IS A SIN PERJUICIO JUDGMENT

A sin perjuicio is one which contains only the dispositive portion of the decision and
reserves the making of findings of fact and conclusions of law in a subsequent judgment. (Dir. of
Lands vs. Sanz, 45 Phil. 117) So, there is a “WHEREFORE” without a ratio decidendi. It does
not state how the court arrived at a certain decision.
42. WHAT HAPPENS IF ONLY THE DISPOSITIVE PORTION OF THE

JUDGMENT IS READ TO THE ACCUSED?
Reading the dispositive portion only to the accused is invalid for it violates the
constitutional provision that “no decision shall be rendered by any court of record without
expressing therein clearly and distinctly the facts and the law on which it is based” (Sec. 14, Art.
VIIII), and the provision of the Rules of Court that the judgment shall state “clearly and
distinctly the facts and the law on which it is based. (Rule 36, Section 1)

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Demurrer to evidence

36. WHAT IS THE EFFECT OF FILING THE DEMURRER TO EVIDENCE

38. WHAT IS THE REMEDY OF THE ACCUSED IF THE DEMURRER TO

40. CAN THERE BE PROMULGATION OF JUDGMENT IN THE ABSENCE OF

Yes, there can be promulgation in the absence of the accused.

41. WHAT IS A SIN PERJUICIO JUDGMENT

42. WHAT HAPPENS IF ONLY THE DISPOSITIVE PORTION OF THE

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