Monday, February 06, 2006

Demurrer to Evidence

Demurrer to evidence is available only after the plaintiff completed his presentation of evidence and have rested his case in chief. The defendant, instead of answering, may file demurrer to evidence because the evidence presented by the plaintiff is not sufficient to warrant relief in point of fact and in point of law.

What are the distinctions between demurrer to evidence in Civil and Criminal cases?

in civil cases, it is more lenient. Even if demurrer is denied, defendant is not precluded from presenting evidence because leave of court is not necessary for filing demurrer.
In criminal cases, it is not lenient. Filing of demurrer without leave of court amounts to a waiver to present evidence for the defense

Consequence of demurrer to evidence in Civil cases:
If demurrer to evidence is granted, that means that the case will be dismissed. It amounts to judgment on the merits and therefore appealable. If the plaintiff will appeal and the appellate court having jurisdiction will find that the plaintiff’s evidence is sufficient, then it will grant the relief so that the defendant loses his right to present evidence because the appeal was made without his presentation of evidence. The case will not be remanded anymore to the lower court but will be rendered judgment.If demurrer to evidence is denied, the denial is only an interlocutory order, hence, not appealable. Such denial order is not controllable by certiorari, absent an oppressive exercise of judicial authority. What the defendant should do is present his evidence.
Question of the Day
Is there a need to make findings of facts in resolving a demurrer to evidence?



    It was a tragic, very black weekend. On Saturday morning, about 80 died and hundreds more injured in a stampede that occurred in ULTRA were WOWOWEE is supposed to have its anniversary. Then, on the same day, our beloved Monsignor Michael Balaria died of a heart attack at the age of 49. Such a heartfelt and terrible loss but it's all part of GOD's plan and we have no right to question that.

  2. Hi, may I know from what school are you?

  3. There's no need because it was not proven in the first place.

  4. xxx,

    i am currently a senior in Araullo University


    u maybe ryt, i'll post the answer later (i hav to consult my prof).


    babies and dogs are cute so i try hard to look for nice pics of em.

  5. Torney, pano i-remove ang isang counsel sa case?