Demurrer to evidence in criminal cases
Dear PAO,I filed a criminal case for estafa against a former handler of an 'investment scheme' who promised that my investment would generate certain earnings in a short period of time. However, after we presented our witnesses and evidence, I received an order from the court dismissing my case due to the demurrer to evidence filed by the opposing party.
Any further prosecution for the same offense would violate the accused's constitutional right against double jeopardy.' In JCLV Realty & Development Corporation v. Mangali, GR 236618, Aug. 27, 2020, the Supreme Court clarified through Associate Justice Mario Lopez that:'A private complainant cannot question the Order granting the demurrer to evidence in a criminal case absent grave abuse of discretion or denial of due process.
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