This case has been cited 4 times or more.
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2012-06-18 |
PERALTA, J. |
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| In People v. Sandiganbayan,[28] this Court elucidated the general rule that the grant of a demurrer to evidence operates as an acquittal and is, thus, final and unappealable, to wit: 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.[29] | |||||
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2010-08-23 |
LEONARDO-DE CASTRO, J. |
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| In People v. Sandiganbayan,[11] we defined grave abuse of discretion as follows: Grave abuse of discretion is the capricious and whimsical exercise of judgment as equivalent to lack of jurisdiction or where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform the duty enjoined or to act in contemplation of law. x x x. | |||||
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2010-07-05 |
MENDOZA, J. |
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| The demurrer to evidence in criminal cases, such as the one at bench, is "filed after the prosecution had rested its case." As such, 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."[18] Judicial action on a motion to dismiss or demurrer to evidence is best left to the exercise of sound judicial discretion. Accordingly, unless the Sandiganbayan acted without jurisdiction or with grave abuse of discretion, its decision to grant or deny the demurrer may not be disturbed.[19] | |||||
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2005-10-25 |
QUISUMBING, J. |
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| Here, respondent manifested gross ignorance of the law when he issued an order giving due course to the prosecution's notice of appeal. If a demurrer to evidence is sustained, such dismissal being on the merits, is equivalent to an acquittal. This is basic. Hence, the prosecution cannot appeal as it would place the accused in double jeopardy.[22] No person shall be put twice in jeopardy of punishment for the same offense.[23] | |||||