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    People V Tan

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    Matthew Turner
    The respondent was charged with two counts of violating securities laws. After the prosecution presented its evidence, the respondent filed a demurrer to evidence, which is filed after the prosecution rests its case. The trial court granted the demurrer, dismissing the case. The prosecution appealed, but the Court of Appeals denied the petition, finding that granting a demurrer to evidence is tantamount to an acquittal, which cannot be appealed since it would place the accused in double jeopardy. The Supreme Court affirmed, holding that a demurrer to evidence calls for evaluating the sufficiency of the prosecution's evidence, and its grant results in dismissal on the merits equivalent to an acquittal.

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    People V Tan

    Uploaded by

    Matthew Turner
    468 views1 page
    The respondent was charged with two counts of violating securities laws. After the prosecution presented its evidence, the respondent filed a demurrer to evidence, which is filed after the prosecution rests its case. The trial court granted the demurrer, dismissing the case. The prosecution appealed, but the Court of Appeals denied the petition, finding that granting a demurrer to evidence is tantamount to an acquittal, which cannot be appealed since it would place the accused in double jeopardy. The Supreme Court affirmed, holding that a demurrer to evidence calls for evaluating the sufficiency of the prosecution's evidence, and its grant results in dismissal on the merits equivalent to an acquittal.

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    People v Tan

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    The respondent was charged with two counts of violating securities laws. After the prosecution presented its evidence, the respondent filed a demurrer to evidence, which is filed after the prosecution rests its case. The trial court granted the demurrer, dismissing the case. The prosecution appealed, but the Court of Appeals denied the petition, finding that granting a demurrer to evidence is tantamount to an acquittal, which cannot be appealed since it would place the accused in double jeopardy. The Supreme Court affirmed, holding that a demurrer to evidence calls for evaluating the sufficiency of the prosecution's evidence, and its grant results in dismissal on the merits equivalent to an acquittal.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    468 views1 page

    People V Tan

    Uploaded by

    Matthew Turner
    The respondent was charged with two counts of violating securities laws. After the prosecution presented its evidence, the respondent filed a demurrer to evidence, which is filed after the prosecution rests its case. The trial court granted the demurrer, dismissing the case. The prosecution appealed, but the Court of Appeals denied the petition, finding that granting a demurrer to evidence is tantamount to an acquittal, which cannot be appealed since it would place the accused in double jeopardy. The Supreme Court affirmed, holding that a demurrer to evidence calls for evaluating the sufficiency of the prosecution's evidence, and its grant results in dismissal on the merits equivalent to an acquittal.

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    People vs. tan G.R. No.

    167526, 625 scra 388


    Facts:
    On December 21, 2000, two Informations for violation of Rule 36 (a)-1, in relation to Sections
    32 (a)-1 and 56 of the Revised Securities Act, were filed by petitioner People of
    the Philippines against respondent Dante Tan in the Regional Trial Court (RTC) of Pasig City,
    Branch 153. They were docketed as Criminal Cases Nos. 119831 and 119832.
    Petitioner made its formal offer of evidence. Respondent filed an Omnibus Motion for Leave to
    File Demurrer to Evidence and to admit the attached Demurrer to Evidence. RTC issued another
    Order granting respondents Motion for Leave to File the Demurrer and forthwith admitted
    respondents attached Demurrer. The RTC also ordered petitioner to file an opposition. RTC
    issued an Order granting respondents Demurrer to Evidence. petitioner filed a Petition
    for Certiorari before the CA assailing the Orders of the RTC. CA issued a Resolution denying
    the petition. the CA ruled 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: RESPONDENT COURT GRAVELY ERRED IN PRECLUDING THE
    PEOPLE FROM PROSECUTING ITS CASES AGAINST DANTE TAN.
    Held: The petition has no merit.
    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.

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