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G.R. No. 191015 August 6, 2014


Demurrer to evidence

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.

When there is a finding that there was grave abuse of discretion on the part of the trial
court dismissing a criminal case by granting the accuseds demurrer to evidence, its
judgment is considered void.

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. Once granted, the accused is
acquitted and the offended party may be left with no recourse. Thus, in the resolution
of demurrers, judges must act with utmost circumspection and must engage in
intelligent deliberation and reflection, drawing on their experience, the law and
jurisprudence, and delicately evaluating the evidence on hand.

RULING: In this case, the evidence shows that respondents had a direct hand in the
falsification and creation of fictitious loans. By disregarding what is evidence in the
record, the trial court committed substantial wrong that frustrates the ends of justice
and adversely affects the public interest. The trial courts act was so patent and gross
as to amount to an evasion of positive duty or to a virtual refusal to perform a duty
enjoined by law.

Therefore, the grant of demurrer to evidence to the accused does not amount to
acquittal since the order itself is null and void, being tainted with grave abuse of

FACTS: Orient Bank was placed under the receivership of PDIC. As a result, PDIC
began collecting on Orient Banks past due loans available. Among these borrowers of
Orient Bank are Timmys Inc. and Asia Textile Mills. Both denied having applied,
much less, being granted a loan by Orient Bank

After conducting an investigation, a finding came out that loans purportedly for the
said two firms were released in the form of managers checks and then deposited to
the savings account of Jose C. Go of Orient Bank

A complaint for estafa thru falsification of commercial documents were filed against
respondents Jose C. Go, Aida C. Dela Rosa and Felecitas D. Necomedes. The private
respondents pleaded not guilty during the arraignment and pre-trial was conducted.
Thereafter, the trial of the case ensued.
After the presentation of prosecutions evidence, the private respondents filed Motion
for Leave to File Demurrer to Evidence. The RTC granted the demurrer and dismissed
the case, acquitting all the private respondents

The prosecution, thru the OSG, filed petition for certiorari with CA assailing the order
of the trial court. CA affirmed the RTC decision and double jeopardy was attached.

ISSUE: Whether there is an exception to the granting of demurrer to evidence which

would tantamount to an acquittal.