Case Digest (G.R. No. 119010)
Facts:
Paz T. Bernardo v. Court of Appeals, Hon. Oscar L. Leviste and Florita Ronquillo-Concepcion, G.R. No. 119010, September 05, 1997, the Supreme Court First Division, Bellosillo, J., writing for the Court.Petitioner Paz T. Bernardo was criminally charged with four counts under B.P. Blg. 22 in the Regional Trial Court (RTC) of Quezon City (Crim. Cases Nos. Q-93-46792–95). Two of the four cases were dismissed after the private complainant, Florita Ronquillo-Concepcion, executed an affidavit of desistance, leaving Crim. Cases Nos. Q-93-46792 and Q-93-46793 for disposition.
On 20 May 1994 the prosecution rested and formally offered its exhibits. Defense counsel orally moved for leave to file a demurrer to the evidence, citing alleged lack of proof where the checks were issued and dishonored and alleged absence of valid notice of dishonor. The private prosecutor responded that stamps on the back of the checks and witness testimony established deposit and dishonor in Quezon City. After colloquy, the trial judge denied the defense request for leave to file a demurrer and stated that if the defense waived presentation of its evidence the court would allow filing of a demurrer later; the judge further declared that, because the defense was considered to have waived its right to present evidence, the case was deemed submitted for decision and set promulgation for June 6, 1994.
Petitioner sought relief from the denial by filing a petition for certiorari, prohibition and mandamus with the Court of Appeals, which on 30 September 1994 modified the RTC order by directing the trial court to set the remaining criminal cases "for trial for reception of evidence for the petitioner." Petitioner’s motion for partial reconsideration in the Court of Appeals was denied on 7 February 1995. Petitioner then filed the instant petition for review on certiorari with the...(Subscriber-Only)
Issues:
- Did the trial court commit grave abuse of discretion in deeming petitioner to have waived her right to present evidence after denying her motion for leave to file a demurrer to evidence?
- Was the Court of Appeals correct in directing the trial court to receive the defense evidence despite the RTC's denial of leave to file a demurrer?
- What is the legal effect under the Rules of Court when an accused files a demurrer to evidence without prior leave of court, or files...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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