April 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 200321 : April 23, 2012]
EDWIN NERO AND MAC SALEM DRAGON v. PEOPLE OF THE PHILIPPINES
G.R. No. 200321 (Edwin Nero and Mac Salem Dragon v. People of the Philippines)
RESOLUTION
After a punctilious examination of the records, the Court resolves to DENY the instant petition and sustains the ruling of the Court of Appeals that the order of the trial court denying petitioners' demurrer to evidence is not reviewable by appeal or by certiorari before judgment. In the absence of grave abuse of discretion, as in this case, the denial of a demurrer to evidence should be respected. In accordance with Section 5 of Rule 119 of the Rules on Criminal Procedure, the proper recourse of the petitioners is to adduce evidence in their defense.
Moreover, the Court noted that the petitioners' Motion for Extension to File Petition for Review on Certiorari erroneously included Judge Consuelo Amog-Bocar as public respondent while their Petition for Review only named the offended party, Francisco Mamawag, as respondent. In accordance with Section 4(a) of Rule 45 and Section 2 of Rule 110 of the Rules of Court, the Court corrects the case title by deleting the names of the honorable judge and the offended party and leaving the "People of the Philippines" as the lone respondent.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court