Short answer. No. Rule 119, Section 23 expressly states that an order denying either the motion for leave to file a demurrer to evidence or the demurrer itself is not reviewable by appeal or by certiorari before judgment. You would have to wait until judgment is rendered before challenging that denial.
What the law says
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment.
Rule 119, Section 23 — Demurrer to evidence. Read the full provision →
What the law says
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense.
Rule 119, Section 23 — Demurrer to evidence. Read the full provision →
What the law says
When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution.
Rule 119, Section 23 — Demurrer to evidence. Read the full provision →
A denial cannot be challenged right away
Section 23 answers this directly and without qualification: the order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. Whether it was the request for leave that was denied, or the demurrer itself once filed, the denial is not something you can take up to a higher court in the middle of the case. That review has to wait until judgment.
What happens to your case after the denial
The trial does not simply stop once your demurrer is denied; it continues, and how it continues depends on whether you had leave of court. If you filed with leave and it was denied, the accused may adduce evidence in his defense. Your case moves forward and you still get to present your side before the court rules on the merits.
The stakes are different if you filed without leave
Filing without leave carries a real cost if the demurrer is denied: when the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. In that situation, the case goes straight to judgment on what the prosecution already presented, with no chance for you to put on a defense afterward.
Review comes later, as part of an appeal from the judgment
Because the bar in Section 23 applies specifically before judgment, the denial is not placed permanently beyond review, only outside the reach of an immediate appeal or certiorari petition while the case is still being tried. Once judgment is rendered, an appeal from that judgment is the avenue through which the earlier denial could then be raised, rather than a separate, standalone challenge filed while the trial is still ongoing.