Professional Documents
Culture Documents
513
513
Trial ensued and after the presentation ansdasdasdasdasCourt (RTC) of Manila, does not have
jurisdiction over the case, as the crime charged (Violation of Section 46 of RA 6938) does not
carry with it a sanction for which she can be held criminally liable.
Issue:
Whether or not the dismissal of theal concept of a joint venture is of common law origin. It has
no precise legal definitionbut it has been generally understood to charge against the accused on
demurrer to evidence amounts to an acquittal, hence, final and unappealable.
Held:
f demurrer to evidence may not be appealed, for to do so would be to place the accused in double
jeopardy. The verdict being one of acquittal, the case ends there. al concept of a joint venture is
of common law origin. It has no precise legal definitionbut it has been generally understood to
In this case, however, the RTC granted the demurrer to evidence and dismissed the case not for
insufficiency of evidence, but for lack of jurisdiction over the offense charged. Notably, the RTC
did not decide the case on the merits, let alone resolve the issue of Asistio’s guilt or innocence
based on the evidence proffered by the prosecution. This being the case, the RTC Order of
dismissal does not operate as an acquittal, hence, may still be subject to ordinary appeal under
Rule 41 of the Rules of Court.
Petitioner filed a petition before the CA assailing the order of RTC which granted Tan’s motion.
CA denied, ruling that the dismissal of a criminal action by the grant of a Demurrer to Evidence
is one on the merits and operates as an acquittal, for which reason, the prosecution cannot appeal
therefrom as it would place the accused in double jeopardy.
Issue:
Whether or not the court erred in granting Tan’s Demurrer to Evidence.
Held:
No.
The demurrer to evidence in criminal cases, such as the one at bar, is “filed after the prosecution
had rested its case,” and when the same is granted, it calls “for an appreciation of the evidence
adduced by the prosecution and its sufficiency to warrant conviction beyond reasonable doubt,
resulting in a dismissal of the case on the merits, tantamount to an acquittal of the accused.”
Such dismissal of a criminal case by the grant of demurrer to evidence may not be appealed, for
to do so would be to place the accused in double jeopardy. The verdict being one of acquittal, the
case ends there.
The only instance when double jeopardy will not attach is when the trial court acted with grave
abuse of discretion amounting to lack or excess of jurisdiction, which is not present in this case.
RTC did not violate petitioner’s right to due process as the petitioner was given more than ample
opportunity to present its case which led to grant of Tan’s demurrer. RTC never prevented
petitioner from presenting its case. In fact, one of the main reasons for the RTCs decision to
grant the demurrer was the absence of evidence to prove the classes of shares that the Best World
Resources Corporation stocks were divided into, whether there are preferred shares as well as
common shares, or even which type of shares respondent had acquired,
Petitioner argues that the RTC displayed resolute bias when it chose to grant respondents
demurrer to evidence notwithstanding that it had filed a Motion to Hold in Abeyance the
Resolution of Tan’s Demurrer to Evidence and The Prosecution’s Opposition Thereto. Petitioner
contends that instead of acting on the motion, the RTC peremptorily granted Tan’s demurrer to
evidence which prevented petitioner from its intention to file a petition to question the orders.
While it would have been ideal for the RTC to hold in abeyance the resolution of the demurrer to
evidence, nowhere in the rules, however, is it mandated to do so. Furthermore, even if this Court
were to consider the same as an error on the part of the RTC, the same would merely constitute
an error of procedure or of judgment and not an error of jurisdiction as persistently argued by
petitioner.
As such RTC did not abuse its discretion in the manner it conducted the proceedings of the trial,
as well as its grant of respondent’s demurrer to evidence.
8. Imperial vs. Joson
9. People vs. Sandiganbayan n/a
10. Bangayan Jr. vs. Bangayan
Facts:
Sally Go-Bangayan filed a complaint for bigamy against Benjamin Bangayan and Resally
Delfin. Later, Sally learned that Benjamin, Jr. had taken Resally as his concubine whom he
subsequently married under the false name, “Benjamin Z. Sojayco.” Furthermore, Sally
discovered that on September 10, 1973, Benjamin, Jr. also married a certain Azucena
Alegre in Caloocan City. After pleading not guilty, Benjamin and Resally both filed their
motions for leave to file al concept of a joint venture is of common law origin. It has no precise
legal definitionbut it has been generally understood toa demurrer to evidence.
Benjamin, Jr. filed his Demurrer to Evidence, praying that the criminal case for bigamy against
him be dismissed for failure of the prosecution to present sufficient evidence of his guilt. His
plea was anchored on two main arguments: (1) he was not legally married to Sally Go because of
the existence of his prior marriage to Azucena; and (2) the prosecution was unable to show that
he and the “Benjamin Z. Sojayco Jr.,” who married Resally, were one and the same person.
RTC dismissed the criminal case against Benjamin, Jr. and Resally for insufficiency of evidence.
Sally Go elevated the case to the CA via a petition for certiorari. The CA promulgated its
Decision granting her petition and ordering the remand of the case to the RTC for further
proceedings. The CA held that the following pieces of evidence presented by the prosecution
were sufficient to deny the demurrer to evidence: (1) the existence of three marriages of
Benjamin, Jr. to Azucena, Sally Go and Resally; (2) the letters and love notes from Resally to
Benjamin, Jr.; (3) the admission of Benjamin, Jr. as regards his marriage to Sally Go and
Azucena; and (4) Benjamin, Jr.’s admission that he and Resally were in some kind of a
relationship. CA further stated that Benjamin, Jr. was mistaken in claiming that he could not be
guilty of bigamy because his marriage to Sally Go was null and void in light of the fact that he
was already married to Azucena. A judicial declaration of nullity was required in order for him
to be able to use the nullity of his marriage as a defense in a bigamy charge.
Issue:
Whether or not petitioners’ right against double jeopardy was violated by the CA when it
reversed the RTC Order dismissing the criminal case against them.
Held:
Yes, Double Jeopardy had already set-in. Even if the trial court had incorrectly overlooked the
evidence against the petitioners, it only committed an error of judgment, and not one of
jurisdiction, which could not be rectified by a petition for certiorari because double jeopardy had
al concept of a joint venture is of common law origin. It has no precise legal definitionbut it has
been generally understood toal concept of a joint venture is of common law origin. It has no
precise legal definitionbut it has been generally understood to