1
Singian v. SandigangBayan (nagpautang) The Petitioner herein is charge for violation of Section 3, paragraphs (e) and (g), of Republic Act No. 3019, as amended. Though he is not a public officer contemplated in the law he was impleaded because he allegedly conspired with the public officer in committing such crimes. The Prosecution was able to present evidence and convince the court that the allegation and evidence submitted as evidence is substantial enough to make a case against the accused. The accused herein filed a demurer to evidence on the ground that the evidence presented by the prosecution is insufficient to convict him of the crime charge and interpose a defense that can be properly determined only in a full blown trial. The Sandigangbayan dismiss the Demurer to evidence. Issue: Whether or not there is grave abuse of discretion on the part of the sandigangbayan when he dismiss the motion for demurer to evidence. Held: NO, the resolution of a demurrer to evidence should be left to the exercise of sound judicial discretion. A lower court’s order of denial shall not be disturbed, that is, the appellate courts will not review the prosecution’s evidence and precipitately decide whether such evidence has established the guilt of the accused beyond a reasonable doubt, unless accused has established that such judicial discretion has been gravely abused, there by amounting to a lack or excess of jurisdiction. In here the SC find that there is no grave abuse of discreation on the Part of the sandigangbayan because the prosecution was able to present a prima facie case against the accused and the defense interpose by the accused is properly determinedafter the full blown trial.

Singian v. Sandigangbayan

Embed Size (px)

DESCRIPTION

Rem Case

Citation preview

Page 1: Singian v. Sandigangbayan

Singian v. SandigangBayan (nagpautang)

The Petitioner herein is charge for violation of Section 3, paragraphs (e) and (g), of Republic Act No. 3019, as amended. Though he is not a public officer contemplated in the law he was impleaded because he allegedly conspired with the public officer in committing such crimes. The Prosecution was able to present evidence and convince the court that the allegation and evidence submitted as evidence is substantial enough to make a case against the accused.

The accused herein filed a demurer to evidence on the ground that the evidence presented by the prosecution is insufficient to convict him of the crime charge and interpose a defense that can be properly determined only in a full blown trial.

The Sandigangbayan dismiss the Demurer to evidence.

Issue: Whether or not there is grave abuse of discretion on the part of the sandigangbayan when he dismiss the motion for demurer to evidence.

Held: NO, the resolution of a demurrer to evidence should be left to the exercise of sound judicial discretion. A lower court’s order of denial shall not be disturbed, that is, the appellate courts will not review the prosecution’s evidence and precipitately decide whether such evidence has established the guilt of the accused beyond a reasonable doubt, unless accused has established that such judicial discretion has been gravely abused, there by amounting to a lack or excess of jurisdiction. In here the SC find that there is no grave abuse of discreation on the Part of the sandigangbayan because the prosecution was able to present a prima facie case against the accused and the defense interpose by the accused is properly determinedafter the full blown trial.