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Demurrer to Evidence Case Review

The CA granted the petition for certiorari, revoking the lower court's order granting Zafra's demurrer to evidence. Zafra was charged with violating R.A. 3019 and malversation after 200 cartons of powdered milk went missing from her office. While the lower court granted the demurrer, finding insufficient evidence, the CA found the lower court committed grave abuse of discretion as the prosecution presented prima facie evidence to prove the charges. The grant of a demurrer may be reviewed through certiorari if done with grave abuse of discretion, and the CA correctly ruled the lower court erred in granting the demurrer in this case.

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780 views1 page

Demurrer to Evidence Case Review

The CA granted the petition for certiorari, revoking the lower court's order granting Zafra's demurrer to evidence. Zafra was charged with violating R.A. 3019 and malversation after 200 cartons of powdered milk went missing from her office. While the lower court granted the demurrer, finding insufficient evidence, the CA found the lower court committed grave abuse of discretion as the prosecution presented prima facie evidence to prove the charges. The grant of a demurrer may be reviewed through certiorari if done with grave abuse of discretion, and the CA correctly ruled the lower court erred in granting the demurrer in this case.

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Jay Em
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Demurrer Case Analysis: Analyzes the legal case involving the topic of demurrer, providing details on the involved parties, facts, issue, ruling, and final decision.

TOPIC: DEMURRER acquitting her.

The MR was likewise


denied.
HON. JUDGE JESUS B. MUPAS AND  Respondent filed a Petition for Certiorari
CARMELITA ZAFRA vs. PEOPLE OF THE under Rule 65, assailing the lower
PHILIPPINES court’s grant of Zafra’s demurrer,
G.R. No. 189365 | October 12, 2011 | resulting in her acquittal.
Sereno, J.:  The CA granted the petition, revoking
and setting aside the lower court’s Order
Digested By: Dolar, Theodore Adriel S. granting Zafra’s demurrer. The CA
found that Judge Mupas committed
DOCTRINE: The grant of a demurrer to grave abuse of discretion through his
evidence may be reviewed in a special civil grant of Zafra’s demurrer as the
action for certiorari if it was granted in grave Prosecution was able to present
abuse of discretion amounting to lack or excess sufficient evidence to prove the
of jurisdiction. elements of the crimes imputed upon
Zafra.
FACTS:
 Private Petitioner Zafra was a Supply ISSUE: Whether the RTC erred in granting the
Officer at the DSWD. Demurrer.
 Zafra arranged for the withdrawal of 200
cartons of Bear Brand powdered milk. HELD:
 However, on the appointed date, no one YES. The CA was correct in ruling that
from the DSWD came to pick up the the grant of Zafra’s demurrer was attended by
milk. Instead, the milk was picked up by grave abuse of discretion. The Prosecution’s
3 unidentified persons, 1 of whom was evidence was, prima facie, sufficient to prove the
later identified as Sacayan, Zafra’s criminal charges filed against Zafra. The lower
sister. court improperly examined the Prosecution’s
 The milk was never recovered, and was evidence, and erred in believing that the crimes
valued at Php 306,736. charged could only be committed through
 After an internal investigation, Zafra was positive acts. As correctly held by the CA,
implicated for the loss of the milk, and malversation may be committed either through
substantial evidence was found to hold positive acts or passively through negligence by
Zafra guilty of dishonesty and allowing another to commit it.
negligence of duty.
 Zafra appealed to the CSC, which in As a general rule, an order granting a
turn modified the finding, absolving demurrer to evidence amounts to an acquittal.
Zafra of dishonesty but finding her guilty However, when there is a finding that there was
of simple negligence. grave abuse of discretion on the part of the trial
 The Ombudsman later filed 2 court in dismissing a criminal case by granting a
Informations against Zafra, charging her demurrer, its judgment is considered void. Thus,
with violating R.A. 3019 and it may be reviewed in a special civil action for
malversation under Art. 217, certiorari under Rule 65 based on such grave
respectively. abuse of discretion.
 After the Prosecution rested its case,
Zafra filed a Motion for Demurrer to PETITION IS DENIED.
Evidence, alleging that the prosecution
failed to present proof of her guilt.
 The demurrer was granted by the RTC,
ruling that the testimonies of the
witnesses are substantially insufficient
to warrant the conviction of Zafra, thus

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