Short answer. Yes. Rule 119, Section 23 lets the court dismiss the case for insufficiency of evidence on its own initiative after the prosecution rests, provided the prosecution is first given the opportunity to be heard — you do not need to have filed a demurrer to evidence for the judge to act this way.
What the law says
After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence on its own initiative after giving the prosecution the opportunity to be heard
Rule 119, Section 23 — Demurrer to evidence. Read the full provision →
What the law says
or upon demurrer to evidence filed by the accused with or without leave of court
Rule 119, Section 23 — Demurrer to evidence. Read the full provision →
Dismissal on the court's own initiative
Rule 119, Section 23 states that after the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence on its own initiative after giving the prosecution the opportunity to be heard. This route to dismissal does not depend on the accused filing anything — the judge can act on his own assessment that the evidence is insufficient, as long as the prosecution first gets a chance to be heard on the point.
The alternative route: demurrer to evidence
The same section also allows dismissal upon demurrer to evidence filed by the accused with or without leave of court. This is the route where the accused takes the initiative, but Section 23 makes clear it is one of two paths to the same outcome — the court's own-initiative dismissal is a separate, independent option that does not require the accused to have filed a demurrer at all.
What happens after a demurrer, for comparison
If a demurrer to evidence is instead filed and leave of court was obtained but the demurrer is denied, the accused may then adduce evidence in his defense. If it was filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the prosecution's evidence alone. These consequences apply specifically to the demurrer route — they do not apply to a dismissal the court makes entirely on its own initiative.
The procedural deadlines that apply only to a demurrer
Section 23 sets specific, non-extendible deadlines for the demurrer route: a motion for leave to file a demurrer must be filed within five days after the prosecution rests, the prosecution may oppose within five days of receipt, and if leave is granted the demurrer itself must be filed within ten days. None of these deadlines govern a dismissal the court makes on its own initiative, since that path does not involve the accused filing a demurrer or a motion for leave at all.