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No. Section 23, Rule 119 of the Revised Rules of Criminal Procedure
provides:LawlibraryofCRAlaw
Sec. 23. 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 with prior leave of court.
For the writ to issue, the trial court must be shown to have 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 thus rendering the assailed judgment void.
The burden is on the petitioner to clearly demonstrate that the trial court blatantly
abused its authority to a point so grave as to deprive it of its very power to
dispense justice.
The People failed to overcome this burden. (PEOPLE OF THE PHILIPPINES v.
SANDIGANBAYAN (2ND DIVISION), QUINTIN SALUDAGA Y BORDEOS,
ARTHUS ADRIATICO Y ERUDA AND ROMEO DE LUNA, G.R. No. 197953,
August 05, 2015)