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5. Demurrer

(Total 10%)

(a) Distinguish the effects of the filing of a demurrer to the evidence in a criminal case and its filing in a civil case. (5%)

(b) What is reverse trial and when may it be resorted to?

Explain briefly. (5%)

1 comment:

Anonymous said...

V.

a.

The effects of the filing of a demurrer to evidence in a criminal case and in a civil case are distinguished as follows:

1. If the motion on demurrer to evidence is denied:

In a criminal case, if the accused files demurrer to evidence without leave of court, he submits the case for judgment on the basis of the evidence of the prosecution. He is considered to have waived the right to present evidence in the event the motion is denied.

In a civil case, there is no such waiver in case defendant’s motion is denied.

2. If the motion on demurrer to evidence is granted:

If it is a civil case, the remedy is to appeal the order of dismissal. If it is a criminal case, the remedy of appeal is not available because such an appeal will place the accused in double jeopardy.

b.

Reverse trial is one where the accused in criminal case presents his evidence first. It may be resorted by the accused if he alleges an affirmative defense or self-defense.