BERNARDO V. CA (REMEDIAL)

In fine, under the new RULE ON DEMURRER TO EVIDENCE, the accused has the right to file a demurrer 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. This power to grant leave to the accused to file a demurrer is addressed to the sound discretion of the trial court. The purpose is to determine whether the accused in filing his demurrer is merely stalling the proceedings.

In the case at bar, petitioner admits that the trial court denied her motion for leave of court to file a demurrer to evidence. In such case, the only right petitioner has under Section 15, Rule 119 of the Rules of Court after having been denied leave to submit a demurrer is to adduce evidence in her defense. However, even without express leave of the trial court, nay, her motion for leave was denied, petitioner insisted on filing a demurrer instead of presenting evidence in her defense.

Judicial action to grant prior leave of court to file demurrer to evidence is discretionary upon the trial court. But to allow the accused to present evidence after he was denied prior leave of court to file demurrer is not discretionary. Once prior leave is denied and the accused still files his demurrer to evidence or motion to dismiss, the court no longer has discretion to allow the accused to present evidence. The only recourse left for the court is to decide the case on the basis of the evidence presented by the prosecution. and unless there is grave abuse thereof amounting to lack or excess of jurisdiction, which is not present in the instant case, the trial court's denial of prior leave to file demurrer to evidence or motion to dismiss may not be disturbed. However, any judgment of conviction by a trial court may still be elevated by the accused to the appellate court.