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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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After the prosecution rests in a criminal case for estafa through deceit, the defense moves for a demurrer to evidence on the ground that the prosecution’s evidence is insufficient to convict beyond reasonable doubt. Facts: The complainant, operator of a private software services firm, testified that from January 5–15, 2025, cash collections totaling PHP 3,400,000 disappeared from the firm’s daily cash drawer. The accused, a payroll clerk named L, admits handling cash on those dates but asserts that all funds were deposited and reconciled. A bank officer testifies deposits were made on January 7, 14, and 19; the firm’s accounting staff testifies that the deposits were recorded and matched against cash counts; The firm’s security officer testifies he saw L carrying a bag toward the bank area around 4:30 PM on January 12; the firm’s CCTV shows a blurred silhouette of a person in a cashier uniform. The defense contends there is no direct link tying L to the misappropriation; viewed in the light most favorable to the People, the evidence yields no direct proof of L’s guilt beyond reasonable doubt. (a) Identify the controlling doctrine and discuss whether the demurrer to evidence should be granted in these circumstances. (b) If the court grants the demurrer, what is the effect on the case and on the accused? (c) If the court denies the demurrer, what should the defense do next?

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Clara

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