Criminal Procedure: Demurrer to Evidence

October 14, 2014 by the Lawyer's Post

The power of courts to grant demurrer in criminal cases should be exercised with great caution,
because not only the rights of the accused but those of the offended party and the public
interest as well are involved.

PDIC took over as receiver the operations of Orient Commercial Banking Corporation after the
BSP ordered its closure. In the course of its examination of the books of OCBC, it found out that
the bank purportedly extended loans to Timmys, Inc. and Asia Textile Mills in the amount of P10
Million each, hence it sent demand letters to the two companies. However, the two companies
denied securing any loan from OCBC. While Timmys allegedly applied for a loan with OCBC, it
did not push through with it after Timmys was granted a loan by another bank. It surmised that
the signatures of its officers appearing on the loan were falsified, and furnished the PDIC with
relevant documents to show the original signatures of the alleged signatories in the loan. On the
other hand, Asia Textile completely denied ever applying for a loan. Thus, the PDIC conducted
an in-depth investigation. It found out that thru the purported loans, two managers checks were
drawn, purportedly the loan proceeds of the two companies after deducting bank charges, were
made payable to Zeta Inc., and Philippine Recyclers. Both of these managers checks were
presented for payment and stamped PAID; the proceeds of these loans were included in a
P120 Million deposited to the savings account of Jose on instructions of Aida. It appears that
seven checks deposited to the current account of Jose were previously dishonoured for
insufficiency of funds. After these deposits, the savings account balance of Jose, with an
automatic transfer agreement to his current account, became P147 Million, thus, enabling the
current account of Jose to fund the previously dishonoured checks.
The PDIC then filed a case for Estafa through Falsification of Public Documents against Jose,
Aida and Felicitas.

After the prosecution presented its evidence, the accused filed their Motion For Leave to File
Demurrer to Evidence with Motion for Voluntary Inhibition of the handling judge. The judge
inhibited himself off the case, thus it was raffled to another court. The new judge granted their
motion for leave to file demurrer to evidence, which the accused did. The judge then granted the
demurrer to evidence.

Only the private prosecutor initiated the filing of the motion for reconsideration, as the public
prosecutor did not file it himself. He belatedly joined in the motion. The judge denied the motion
for reconsideration.

On this account, the PDIC filed a petition for certiorari with the Court of Appeals, alleging that
the judge committed grave abuse of discretion when it granted the demurrer to evidence, which
is tantamount to an acquittal of the accused.

The Court of Appeals denied the petition for certiorari and the motion for reconsideration filed by
PDIC; hence it appealed the ruling of the CA to the Supreme Court.

Demurrer to the evidence 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 party demurring challenges the sufficiency of the
whole evidence to sustain a verdict. The court, in passing upon the sufficiency of the evidence
raised in a demurrer, is merely required to ascertain whether there is competent or sufficient
evidence to sustain the indictment or to support a verdict of guilt. x x x Sufficient evidence for
purposes of frustrating a demurrer thereto is such evidence in character, weight or amount as
will legally justify the judicial or official action demanded according to the circumstances. To be
considered sufficient therefore, the evidence must prove: (a) the commission of the crime, and
(b) the precise degree of participation therein by the accused. Thus, when the accused files a
demurrer, the court must evaluate whether the prosecution evidence is sufficient enough to
warrant the conviction of the accused beyond reasonable doubt.

The grant or denial of a demurrer to evidence is left to the sound discretion of the trial court,
and its ruling on the matter shall not be disturbed in the absence of a grave abuse of such
discretion. As to effect, the grant of a demurrer to evidence amounts to an acquittal and
cannot be appealed because it would place the accused in double jeopardy. The order is
reviewable only by certiorari if it was issued with grave abuse of discretion amounting to lack or
excess of jurisdiction. When grave abuse of discretion is present, an order granting a demurrer
becomes null and void.

As a general rule, an order granting the accuseds demurrer to evidence amounts to an

acquittal. There are certain exceptions, however, as when the grant thereof would not violate the
constitutional proscription on double jeopardy. For instance, this Court ruled that when there is a
finding that there was grave abuse of discretion on the part of the trial court in dismissing a
criminal case by granting the accuseds demurrer to evidence, its judgment is considered void,
as this Court ruled in People v. Laguio, Jr.:

By this time, it is settled that the appellate court may review dismissal orders of trial courts
granting an accuseds demurrer to evidence. This may be done via the special civil action of
certiorari under Rule 65 based on the ground of grave abuse of discretion, amounting to lack or
excess of jurisdiction. Such dismissal order, being considered void judgment, does not result in
jeopardy. Thus, when the order of dismissal is annulled or set aside by an appellate court in an
original special civil action via certiorari, the right of the accused against double jeopardy is not
violated.

xxx

As a general rule, an order granting the accuseds demurrer to evidence amounts to an

acquittal. There are certain exceptions, however, as when the grant thereof would not violate the
constitutional proscription on double jeopardy. For instance, this Court ruled that when there is a
finding that there was grave abuse of discretion on the part of the trial court in dismissing a
criminal case by granting the accuseds demurrer to evidence, its judgment is considered void,
as this Court ruled in People v. Laguio, Jr.:

By this time, it is settled that the appellate court may review dismissal orders of trial courts
granting an accuseds demurrer to evidence. This may be done via the special civil action of
certiorari under Rule 65 based on the ground of grave abuse of discretion, amounting to lack or
excess of jurisdiction. Such dismissal order, being considered void judgment, does not result in
jeopardy. Thus, when the order of dismissal is annulled or set aside by an appellate court in an
original special civil action via certiorari, the right of the accused against double jeopardy is not
violated.

In the instant case, having affirmed the CA finding grave abuse of discretion on the part of the
trial court when it granted the accuseds demurrer to evidence, we deem its consequent order of
acquittal void.
Grave abuse of discretion is defined as that capricious or whimsical exercise of judgment which
is tantamount to lack of jurisdiction. The abuse of discretion must be patent and gross as to
amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or
to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic
manner by reason of passion and hostility. The party questioning the acquittal of an accused
should be able to clearly establish that the trial court blatantly abused its discretion such that it
was deprived of its authority to dispense justice.

In the exercise of the Courts superintending control over inferior courts, we are to be guided by
all the circumstances of each particular case as the ends of justice may require. So it is that the
writ will be granted where necessary to prevent a substantial wrong or to do substantial justice.
Guided by the foregoing pronouncements, the Court declares that the CA grossly erred in
affirming the trial courts July 2, 2007 Order granting the respondents demurrer, which Order
was patently null and void for having been issued with grave abuse of discretion and manifest
irregularity, thus causing substantial injury to the banking industry and public interest. The Court
finds that the prosecution has presented competent evidence to sustain the indictment for the
crime of estafa through falsification of commercial documents, and that respondents appear to
be the perpetrators thereof. In evaluating the evidence, the trial court effectively failed and/or
refused to weigh the prosecutions evidence against the respondents, which it was duty-bound
to do as a trier of facts; considering that the case involved hundreds of millions of pesos of
OCBC depositors money not to mention that the banking industry is impressed with public
interest, the trial court should have conducted itself with circumspection and engaged in
intelligent reflection in resolving the issues.

After adducing the evidence of the prosecution in support of its case, the Supreme Court noted
that the case against the accuse may exist, and ruled that the granting of the demurrer to
evidence by the RT was improper:

Finally, it must be borne in mind that [t]he granting of a demurrer to evidence should x x x be
exercised with caution, taking into consideration not only the rights of the accused, but also the
right of the private offended party to be vindicated of the wrongdoing done against him, for if it is
granted, the accused is acquitted and the private complainant is generally left with no more
remedy. In such instances, although the decision of the court may be wrong, the accused can
invoke his right against double jeopardy. Thus, judges are reminded to be more diligent and
circumspect in the performance of their duties as members of the Bench x x x.

G.R. No. 191015, August 06, 2014, PEOPLE OF THE PHILIPPINES PETITIONER, VS. JOSE
C. GO, AIDA C. DELA ROSA, AND FELECITAS D. NECOMEDES,** RESPONDENTS.