Demurrer to Evidence: Understanding the Risks of Filing Without Leave of Court

TLDR: In Philippine criminal procedure, filing a demurrer to evidence without prior leave of court means you’re betting everything on the prosecution’s case being weak. If the court disagrees, you lose your chance to present your own defense. This case clarifies the importance of understanding the rules on demurrer to evidence to avoid inadvertently waiving your right to be heard.

G.R. No. 119010, September 05, 1997

Introduction

Imagine being accused of a crime and feeling confident that the prosecution’s evidence is flimsy. You decide to challenge it directly, but in doing so, you unknowingly forfeit your right to present your side of the story. This is the harsh reality of demurring to evidence without fully understanding the rules in the Philippines. The case of Paz T. Bernardo v. Court of Appeals highlights the critical importance of knowing when and how to file a demurrer to evidence to avoid inadvertently waiving your right to present a defense.

Paz T. Bernardo was charged with multiple counts of violating B.P. Blg. 22 (the Bouncing Checks Law). After the prosecution rested its case, Bernardo’s counsel moved for leave to file a demurrer to evidence. The trial court denied the motion, but Bernardo insisted on filing the demurrer anyway. The court then considered her to have waived her right to present evidence, deeming the case submitted for decision based solely on the prosecution’s evidence. The central legal question was whether Bernardo had indeed waived her right to present evidence by pursuing the demurrer after the court denied her leave to do so.

Legal Context: Demurrer to Evidence in Philippine Criminal Procedure

A demurrer to evidence is a motion filed by the accused after the prosecution rests its case, arguing that the evidence presented is insufficient to establish guilt beyond a reasonable doubt. It’s essentially a challenge to the strength of the prosecution’s case, asking the court to dismiss the charges without the need for the defense to present any evidence.

Section 15, Rule 119 of the Rules of Court governs demurrer to evidence in criminal cases. It states:

“Sec. 15. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the case on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution an opportunity to be heard or (2) on motion of the accused filed with prior leave of court. If the court denies the motion for dismissal, the accused may adduce evidence in his defense. When the accused files such motion to dismiss without express leave of court, he waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution.”

The key phrase here is “prior leave of court.” This means that the accused must first ask the court for permission to file a demurrer. If the court grants leave, and the demurrer is subsequently denied, the accused retains the right to present their own evidence. However, if the accused files a demurrer without seeking or being granted leave, they are deemed to have waived their right to present evidence. The case is then decided solely on the basis of the prosecution’s evidence.

This rule was put in place to prevent the accused from using the demurrer as a delaying tactic. By requiring prior leave, the court can assess whether the demurrer is genuinely meritorious or simply a way to postpone the proceedings.

Case Breakdown: The Bernardo Case

The story of Paz T. Bernardo unfolds as follows:

• Bernardo was charged with four counts of violating B.P. Blg. 22.
• Two cases were dismissed due to an affidavit of desistance from the complainant.
• After the prosecution rested its case in the remaining two cases, Bernardo’s counsel moved for leave to file a demurrer to evidence, arguing that the prosecution had failed to prove where the checks were issued and dishonored, and that there was no valid notice of dishonor.
• The trial court denied the motion.
• Despite the denial, Bernardo’s counsel insisted on filing a demurrer.
• The trial court then considered Bernardo to have waived her right to present evidence and deemed the case submitted for decision.

Bernardo challenged the trial court’s order before the Court of Appeals, arguing that the trial court had committed grave abuse of discretion. The Court of Appeals modified the trial court’s order, directing it to allow Bernardo to present her evidence. However, Bernardo sought further review from the Supreme Court, arguing that she should first be given the opportunity to file her demurrer to evidence.

The Supreme Court ultimately sided with the trial court, holding that Bernardo had indeed waived her right to present evidence. The Court emphasized the importance of adhering to the procedural rules regarding demurrer to evidence.

The Supreme Court quoted Chief Justice Andres R. Narvasa, Chairman of the Committee on the Revision of the Rules, who stated:

“If the accused asks for leave of court and the court supports it, it is good; but x x x if it finds the motion dilatory, then it denies it. But x x x there should be no waiver if the demurrer is with leave of court, because there may be a situation where the court itself may want to dismiss the case x x x x If leave is denied, and the accused still files the demurrer, then there is waiver.”

The Court further stated:

“In fine, under the new rule on demurrer to evidence the accused has the right to file a demurrer to evidence after the prosecution has rested its case. If the accused obtained prior leave of court before filing his demurrer, he can still present evidence if his demurrer is denied. However, if he demurs without prior leave of court, or after his motion for leave is denied, he waives his right to present evidence and submits the case for decision on the basis of the evidence for the prosecution.”

Practical Implications: Key Lessons for Accused Individuals

The Bernardo case serves as a crucial reminder of the potential pitfalls of procedural missteps in criminal litigation. It underscores the importance of understanding the nuances of the rule on demurrer to evidence and the consequences of failing to comply with its requirements.

Key Lessons:

• Seek Leave of Court First: Always seek leave of court before filing a demurrer to evidence.
• Understand the Consequences: Be fully aware that filing a demurrer without leave, or after leave has been denied, constitutes a waiver of your right to present evidence.
• Weigh Your Options Carefully: Carefully consider whether the prosecution’s evidence is truly insufficient before deciding to file a demurrer.
• Consult with Counsel: Seek expert legal advice to navigate the complexities of criminal procedure and ensure that your rights are protected.

Frequently Asked Questions

Q: What is a demurrer to evidence?

A: A demurrer to evidence is a motion filed by the accused after the prosecution rests its case, arguing that the evidence presented is insufficient to establish guilt beyond a reasonable doubt.

Q: What does “prior leave of court” mean?

A: “Prior leave of court” means that the accused must first ask the court for permission to file a demurrer to evidence.

Q: What happens if I file a demurrer without prior leave of court?

A: If you file a demurrer without prior leave of court, you are deemed to have waived your right to present evidence, and the case will be decided solely on the basis of the prosecution’s evidence.

Q: If the court denies my motion for leave to file a demurrer, can I still present evidence?

A: Yes, if the court denies your motion for leave to file a demurrer, you retain the right to present evidence in your defense.

Q: Can the court dismiss the case on its own initiative even without a demurrer?

A: Yes, the court can dismiss the case on its own initiative if it finds the prosecution’s evidence insufficient, but it must first give the prosecution an opportunity to be heard.

Q: What should I do if I’m unsure about whether to file a demurrer to evidence?

A: Consult with an experienced criminal defense lawyer to discuss your options and ensure that you understand the potential consequences of filing a demurrer.

ASG Law specializes in criminal defense. Contact us or email hello@asglawpartners.com to schedule a consultation.