Text of the provision
Sec. 23. Demurrer to evidence. — 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 or upon demurrer to evidence filed by the accused with or without leave of court. If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. 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. The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five days from its receipt. If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. 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.
Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC), Rule 119, Section 23. Reproduced verbatim and verified word-for-word against two independent published renderings (ChanRobles and LawPhil).
About this section
This is Section 23 of Rule 119 (Trial) of the Revised Rules of Criminal Procedure, the rules promulgated by the Supreme Court in A.M. No. 00-5-03-SC and in force since December 1, 2000. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 22 — Consolidation of trials of related offenses.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.