DEMURRER TO THE EVIDENCE IN CIVIL AND CRIMINAL CASES

Demurrer to the evidence.  We can understand this better by reviewing the basic stages of a civil case.

First, the plaintiff will file a complaint. Next, the defendant will file an Answer. Then the court will schedule the case for pre-trial. Trial will follow, during which the plaintiff will present evidence first. 

After he presents all his witnesses and evidence, he will make an oral  formal offer of evidence, then he will rest his case. After this,  the defendant will present evidence, make an oral formal offer of evidence, and rest his case. Then the case will be submitted for decision.

The relevant stage for filing a demurrer is after the plaintiff rests his case. This means that he has already presented evidence. This is before the defendant presents evidence.

WHAT THEN IS A DEMURRER TO THE EVIDENCE?

This is equivalent to a motion to dismiss. However, it is called a demurrer to show that it was filed after the plaintiff has presented evidence. 

WHAT ARE THE SIMILARITIES BETWEEN A DEMURRER IN A CIVIL CASE AND A DEMURRER IN A CRIMINAL CASE?

1. When are they filed? They are both filed after the plaintiff/prosecution rests their case.

2. What is the goal? They are filed with the goal of having the case dismissed without the defendant having to present evidence.

3) What is the basis?  Insufficiency of evidence of the plaintiff/prosecution.

WHAT ARE THE DIFFERENCES?

1. Is leave of court necessary before the defendant/accused files a demurrer to evidence?

When we say leave of court, the defendant or accused must first submit a motion for leave before actually filing the demurrer. In other words, there are two things to be filed: one is the motion for leave to file a demurrer to evidence, and the second is the demurrer to evidence itself.

In civil cases, it is not necessary to file a motion for leave to file a demurrer to evidence. The defendant can directly submit the demurrer itself.

In criminal cases, it is up to the accused's counsel if he wants to move for leave to file a demurrer, or if he wants to submit a demurrer immediately without asking for leave of court. The results will not be the same.

a) What is the effect if the court grants the demurrer in a civil case?

The case will be dismissed through an order issued by the court. However, if the plaintiff appeals the order of dismissal, and the appellate court finds that there was sufficient evidence presented by the plaintiff, then the defendant can no longer present evidence.

b) What is the effect if the court denies the demurrer in a civil case?

The denial means that the plaintiff has presented sufficient evidence, and so the defendant now has to present evidence. 

c)  How about in a criminal case?

It depends. 

If the accused's counsel filed the demurrer with leave of court, and the court denies the demurrer, the accused can present evidence to support his defense.

However, if the accused's counsel filed the demurrer without leave of court, and the demurrer is denied, then the accused can no longer present evidence.

2. PERIOD FOR FILING

In civil cases, the defendant may file a demurrer after the plaintiff has completed presentation of evidence, and rests his case under Rule 33. 

A demurrer to evidence is a litigious motion under Rule 15, Section 5. Therefore the opposing party has 5 days from notice to file an opposition, and the court has 15 days to resolve.

In criminal cases  there is a specific procedure under the Revised Guidelines on Continuous Trial.

After the prosecution rests, the court will orally ask the accused if he wants leave of court to file a demurrer or to present evidence.

If the accused orally moves to file a demurrer, the court will resolve it immediately, and orally. 

If the court denies the motion, the accused will present evidence. 

If the court approves the motion, the accused will have 10 days to file the demurrer, and the prosecution will have 10 days to file an opposition.

If the demurrer with leave is denied, the accused will present evidence.

Suppose the motion for leave to file demurrer is denied yet the accused insists on filing the demurrer, the court will cancel all trial dates allocated to the accused. 

This means that the accused will lose the right to present evidence if his demurrer is denied.