The essential question to be resolved in a demurrer to evidence is whether the plaintiffs have been able to show that they are entitled to their claim and it was incumbent upon the CA to make such a determination. A perusal of the CA Decision however shows that it is barren of any discussion on this matter.
After a careful review of the petitioner’s evidence, we find that the CA erred in dismissing the petitioner’s complaint. The Court has recently established some guidelines on when a demurrer to evidence should be granted, thus:
A demurrer to evidence may be issued when, upon the facts and the law, the plaintiff has shown no right to relief. Where the plaintiffs evidence together with such inferences and conclusions as may reasonably be drawn therefrom does not warrant recovery against the defendant, a demurrer to evidence should be sustained. A demurrer to evidence is likewise sustainable when, admitting every proven fact favorable to the plaintiff and indulging in his favor all conclusions fairly and reasonably inferable therefrom, the plaintiff has failed to make out one or more of the material elements of his case, or when there is no evidence to support an allegation necessary to his claim. It should be sustained where the plaintiffs evidence is prima facie insufficient for a recovery.[30] (Condes vs. Court of Appeals, G.R. No. 161304, 27 July 20017)
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 respondent’s 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.
It must be kept in mind that substantial justice must prevail. When there is a strong showing that grave miscarriage of justice would result from the strict application of the Rules, this Court will not hesitate to relax the same in the interest of substantial justice. The Rules of Court were conceived and promulgated to set forth guidelines in the dispensation of justice but not to bind and chain the hand that dispenses it, for otherwise, courts will be mere slaves to or robots of technical rules, shorn of judicial discretion.That is precisely why courts in rendering real justice have always been, as they in fact ought to be, conscientiously guided by the norm that when on the balance, technicalities take backseat against substantive rights, and not the other way around.[30] (Uy vs. Chua, G.R. No. 183965, 18 Sept. 2009)
Demurrer in Criminal Cases
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.[43] 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 accused’s 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 accused’s 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 accused’s 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.
x x x.
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.”
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. (People vs. Go, G.R. No. 191015, 06 Aug. 2014)
Demurrer Must be Filed After Prosecution Rests
This Court is convinced that respondent judge acted in accordance with the law and jurisprudence. It was the February 2, 2011 Omnibus Order26 which elucidated the clear legal basis why respondent judge continued the criminal case despite the earlier order granting the demurrer to evidence. Generally, if the trial court finds that the prosecution evidence is not sufficient and grants the accused's Demurrer to Evidence, the ruling is an adjudication on the merits of the case which is tantamount to an acquittal and may no longer be appealed.27
The current scenario, however, is an exception to the general rule. The demurrer to evidence was premature because it was filed before the prosecution rested its case. The RTC had not yet ruled on the admissibility of the formal offer of evidence of the prosecution when complainant filed her demurrer to evidence.28 Hence, respondent judge had legal basis to overturn the order granting the demurrer to evidence as there was no proper acquittal. The complainant elevated the matter to the CA via a petition for certiorari but it sustained her ruling.29 The CA decision reads:
Indubitably, an order granting an accused’s demurrer to evidence is a resolution of the case on the merits, and it amounts to an acquittal. Generally, any further prosecution of the accused after an acquittal would violate the constitutional proscription on double jeopardy. To this general rule, however, the Court has previously made some exceptions.30
People v. Tan31 eruditely instructs that double jeopardy will not attach when the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction, such as where the prosecution was denied the opportunity to present its case or where the trial was a sham. In addition, in People v. Bocar,32 this Court rule that there is no double jeopardy when the prosecution was not allowed to complete its presentation of evidence by the trial court. (Magleo vs. De Juan-Quinagoran, A.M. No. RTJ-12-2336, 12 Nov. 2014).
