A Comprehensive Guide on Filing a Motion for Leave to File (or Submit) a Demurrer to Evidence in the Philippines

Disclaimer: The following discussion is for general informational purposes only and does not constitute legal advice. For specific concerns or questions, it is best to consult a licensed Philippine attorney.

1. Introduction

In Philippine legal practice, a demurrer to evidence is a strategic procedural remedy available to a party—most commonly the accused in a criminal case—when the evidence presented by the prosecution (or plaintiff, in civil cases) appears insufficient to sustain a conviction or judgment. Before proceeding with your own presentation of evidence, you may ask the court to evaluate whether the opposing party’s evidence is already inadequate to prove the allegations or the offense charged.

However, to safeguard your right to present evidence in the event that the demurrer is denied, you typically need to file a Motion for Leave to File a Demurrer to Evidence. Below is everything you need to know, from legal basis to procedural steps and practical considerations.

2. What is a Demurrer to Evidence?

A demurrer to evidence is a motion challenging the sufficiency of the opposing party’s evidence. In criminal cases, it is usually filed after the prosecution has rested its case, and before the defense presents its own evidence. In civil cases, it is similarly filed after the plaintiff has completed the presentation of evidence.

Criminal Cases
- Cited under Section 23, Rule 119 of the Revised Rules of Criminal Procedure.
- The demurrer can lead to an outright dismissal of the case (acquittal) if granted, on the ground of insufficiency of evidence.
Civil Cases
- Governed by Rule 33 of the Rules of Court.
- If granted, it results in the dismissal of the complaint or claim due to insufficient evidence.

3. Legal Basis in the Philippines

3.1 Rule 119, Section 23 (Criminal Cases)

“After the prosecution has rested its case, the court may dismiss the action on the ground of insufficiency of evidence (a) on its own initiative after giving the prosecution the opportunity to be heard, or (b) on motion of the accused filed with or without leave of court. …”

This provision outlines the two routes for filing a demurrer:

With Leave of Court: If denied, the accused can still present evidence.
Without Leave of Court: If denied, the accused is deemed to have waived the right to present evidence, and the case is submitted for decision on the basis of the prosecution’s evidence alone.

3.2 Rule 33, Rules of Court (Civil Cases)

“After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief…”

Although referred to more directly as a “Demurrer to Evidence” in criminal proceedings, the civil procedure mirrors the same principle: you request dismissal based on insufficiency of evidence without needing to present your own evidence.

4. Motion for Leave vs. Filing Without Leave

4.1 Filing With Leave of Court

Advantages:
1. If the court denies your demurrer, you can still proceed to present evidence.
2. You preserve your right to defend yourself fully if the court finds that the prosecution/plaintiff’s evidence is not evidently insufficient.
Disadvantages:
- Requires an extra step: you first file a motion asking permission (leave) to file the actual demurrer.

4.2 Filing Without Leave of Court

Advantages:
- You skip the motion for leave and go straight to filing your demurrer to evidence. This can expedite matters if you strongly believe the evidence is insufficient.
Risks:
- If the demurrer is denied, you waive your right to present evidence. In a criminal case, the case proceeds to judgment based on the prosecution’s evidence alone, exposing you to a higher risk of conviction.

Given these, the typical recommendation in serious criminal cases is to file a motion for leave first, unless there are compelling reasons to do otherwise.

5. Procedural Steps in Filing a Motion for Leave

Below is a simplified roadmap primarily based on criminal procedure under the Revised Rules of Criminal Procedure. In civil cases, the process is similar but is governed by Rule 33.

5.1 Timing

Prosecution Rests
- After the prosecution (or plaintiff in civil proceedings) concludes the presentation of evidence, it formally offers its evidence and then rests its case.
Non-Extendible 5-Day Period
- Under Section 23, Rule 119, the accused has five (5) days from the time the prosecution rests (or from receipt of the court’s order admitting prosecution evidence) to file the Motion for Leave to File Demurrer to Evidence.
- Failure to file within this period may preclude you from seeking leave of court (though courts sometimes allow belated filing for compelling reasons, it is not guaranteed and must be properly justified).

5.2 Drafting the Motion for Leave

Your Motion for Leave to File a Demurrer to Evidence must:

State the Grounds: Clearly enumerate why you believe the evidence is insufficient. Examples include:
- Failure to prove an essential element of the offense or claim.
- Contradictory or incredible testimonies that do not meet the required quantum of proof.
- Lack of properly identified or authenticated documentary evidence.
Cite Jurisprudence/Legal Provisions: Support your grounds with relevant case law or provisions from the Revised Penal Code or special laws if in criminal cases.
Pray for Leave to File the Demurrer: Concretely request that the court allow you to file a demurrer to evidence.

Tip: While not strictly required at this stage, some lawyers attach a draft demurrer to the motion for leave or outline the arguments in detail to give the court a clear preview of the insufficiency of the prosecution’s evidence.

5.3 Opposing Party’s Comment or Opposition

Once you file the motion for leave, the prosecution (or plaintiff) generally has five (5) days to oppose or comment.
They may argue that the evidence is sufficient and ask the court to deny leave.

5.4 Court’s Resolution

The court will then either grant or deny your motion for leave.
If granted, you will be allowed to file the actual demurrer within a specified period (often ten (10) days from receipt of the order granting leave).
If denied, you must present your evidence within the period specified by the court (often the same 5 or 10-day period or a period indicated in the court’s order).

5.5 Filing the Demurrer (If Leave is Granted)

If leave is granted, you must:

File your Demurrer to Evidence within the period given by the court (usually 10 days from notice of grant).
In the demurrer:
- Reiterate the specific points of insufficiency in the evidence.
- Cite legal precedents and highlight any material inconsistencies.
- Conclude by praying for dismissal of the case (acquittal if criminal, dismissal of complaint if civil).

5.6 Hearing and Resolution of the Demurrer

The court may hold an oral argument or resolve the demurrer based on the pleadings.
The court can either:
- Grant the demurrer—leading to an outright dismissal (acquittal in criminal, dismissal in civil).
- Deny the demurrer—prompting the accused (or defendant) to proceed with presentation of evidence (because you filed with leave).

6. Effects of the Court’s Ruling

6.1 If the Motion (for Leave) is Granted and the Demurrer is Granted

The case is dismissed outright.
In a criminal case, this amounts to an acquittal, which cannot generally be appealed by the prosecution due to the rule against double jeopardy.

6.2 If the Motion (for Leave) is Granted but the Demurrer is Denied

You retain the right to present evidence.
The trial will proceed to the defense’s evidence stage.

6.3 If the Motion for Leave is Denied

You must present your evidence within the period set by the court.
If you had filed the demurrer without leave, and the court denies it, you waive your right to present evidence, and the court will decide the case solely on the prosecution’s evidence.

7. Practical Tips and Best Practices

File With Leave in Most Criminal Cases
- Unless you have an exceptionally strong argument that the evidence is blatantly insufficient, it is typically safer to file with leave so you do not lose your right to present evidence.
Review the Prosecution’s Evidence Thoroughly
- Ensure that essential elements of the offense or claim are indeed unproven. A demurrer that is summarily dismissed for lack of merit may give the prosecution an advantage in shaping the narrative.
Be Clear and Concise
- When drafting the motion, focus on the most glaring weaknesses of the evidence, citing relevant jurisprudence. Avoid “shotgun” arguments that may dilute the strength of your pleading.
Observe Strict Timelines
- The Rules of Court often specify non-extendible periods. Missing a deadline can result in waiver of certain remedies.
Coordinate with Counsel
- A demurrer to evidence can be a delicate and high-stakes move. Consult a lawyer to ensure your defense (or position in a civil case) is safeguarded.

8. Conclusion

Filing a Motion for Leave to File a Demurrer to Evidence in the Philippines is a critical strategic decision—particularly in criminal proceedings. While it offers the safeguard of allowing you to later present evidence if the demurrer is denied, it also requires diligent preparation, strict adherence to procedural timelines, and persuasive legal reasoning.

If successful, it can result in the swift termination of the case on grounds of insufficiency of evidence, sparing you the time and expense of going through a full trial. But if not handled properly, you risk missing important procedural safeguards.

Always remember that this process involves important legal nuances that may have long-lasting consequences on your case. As such, it is highly advisable to seek professional legal advice from a Philippine lawyer who can tailor these guidelines to your specific factual circumstances.

Disclaimer: This article provides a general overview and does not substitute for individualized legal counsel. For any questions or specific legal assistance, please consult a qualified Philippine attorney.