Next Steps After a Demurrer is Granted and the Accused is Acquitted in Philippine Courts
This is a practitioner‑oriented overview. It is not a substitute for tailored legal advice.
1. What a “Granted Demurrer” Means
| Key Point | Rule / Authority | Practical Effect |
|---|---|---|
| Demurrer to Evidence is a motion to dismiss filed after the prosecution rests, arguing that its evidence is insufficient. | Rule 119, §23, Rules of Criminal Procedure | Accused may file with leave (safer) or without leave (riskier). |
| If granted the court must render judgment of acquittal. | Rule 119, §23 par. 3 | Functionally identical to an acquittal after full trial. |
| An acquittal immediately triggers the constitutional bar on double jeopardy. | Art. III, §21, 1987 Constitution | Prosecution cannot appeal on the merits. |
2. Immediate Court Actions
- Promulgation of Judgment (Rule 120).
- Release Order / Alias Writ of Release if the accused is detained.
- Cancellation of Bond (cash, surety, or property) and exoneration of sureties.
- Lifting of Hold‑Departure Order (HDO) or Watch‑List Order, if any.
- Return of Seized Property & Exhibits not needed for any petition.
- Service of Judgment on the prosecutor, private complainant, and accused.
Tip: defense counsel should secure certified true copies of the judgment and the release order the same day.
3. Entry and Finality of Judgment
| Step | Timeline | Authority |
|---|---|---|
| Notice of judgment dispatched | Day 0 | Rule 120, §6 |
| 15‑day period to question judgment | Day 0‑15 | Rule 120, §6; Rule 52 |
| Entry of judgment in criminal docket | Day 16 (if no Rule 65 filed) | Rule 36 |
| Certificate of Finality issuable on request | After entry | SC A.M. 99‑7‑07‑SC |
Important: A petition for certiorari (see § 4) filed by the prosecution tolls finality as to criminal liability but not detention; the accused remains free unless the judgment is annulled.
4. Remedies Against the Acquittal
| Who May File | Remedy | Grounds | Limits |
|---|---|---|---|
| Prosecution or private offended party | Petition for Certiorari under Rule 65 (to CA or SC depending on court of origin) | Court acted with grave abuse of discretion amounting to lack/excess of jurisdiction (e.g., blatant misappreciation of evidence, denial of due process). | Cannot ask for conviction; only reinstatement of trial. |
| Private offended party (civil aspect only) | Appeal on civil liability to CA (Rule 122, §1 (b)) | Errors in civil damages. | Does not disturb acquittal. |
| State (via OSG) | Petition for Certiorari in name of People | Same as above; OSG control. | Must comply with 60‑day Rule 65 reglementary period. |
Case Law Illustrations
- People v. SB (Crim. Case No. 24050, 2001) – certiorari allowed where Sandiganbayan “capriciously” granted demurrer.
- People v. Laguio, Jr., G.R. No. 128587 (2001) – grave abuse found; case remanded for trial continuation.
5. Effects on the Civil Aspect
Civil Action Impliedly Instituted (Rule 111):
- Acquittal does not automatically bar civil liability unless the judgment declares that the act or omission from which civil liability might arise did not exist.
If civil action was reserved or the judgment is silent: injured party may file an independent civil action (e.g., Art. 33 Civil Code for defamation, fraud, physical injuries).
If damages were awarded in the same judgment, either party may appeal that civil portion alone (Rule 122, §1 (b)) within 15 days.
6. Collateral Administrative Steps for the Accused
| Task | Purpose | Typical Document Needed |
|---|---|---|
| Bail refund (cash) or surety fee release | Recover funds; discharge sureties | Certified copy of Release Order & Judgment |
| Release of seized driver’s license / firearm | Restore permits | Judgment & sheriff’s certification |
| NBI Clearance “Hit” lifting | Avoid future criminal record issues | Certificate of Finality |
| Immigration watch‑list deletion | International travel | Order lifting HDO |
7. Consequences for Co‑Accused and Partial Demurrers
- Only the movant is covered. Co‑accused who did not demur must still present evidence.
- If the prosecution’s evidence is inseparably linked (e.g., conspiracy) the court may, sua sponte, extend the ruling; but this is rare and must be justified in the decision.
- A co‑accused granted a demurrer earlier cannot be re‑arraigned even if trial later shows stronger evidence—bar of double jeopardy.
8. Post‑Acquittal Motions by the Defense
| Motion | When Useful | Caveat |
|---|---|---|
| Motion to Release Property/Hold Funds | Evidence or frozen bank accounts | Must prove no pending civil claim |
| Motion to Expunge Records / Seal Files | Sensitive cases (e.g., child accused) | Philippine courts rarely seal; privacy laws limited |
| Motion for Attorney’s Fees if acquittal “clearly untenable” | Art. 2208 (11) Civil Code | Award discretionary |
9. Sandiganbayan and Special Courts Nuances
- Sandiganbayan judgments go on direct review to the Supreme Court (Rule 122, §3).
- The Ombudsman may review prosecutors’ failure to seek certiorari and may itself elevate a Rule 65 petition.
- Shari’a Courts: demurrer rules parallel Rule 119 via Special Rules, but civil damages follow Muslim Personal Laws.
10. Quick Reference Timelines
| Day | Action |
|---|---|
| 0 | Judgment of acquittal & release order issued |
| 0–2 | Lift HDO; cancel bond; retrieve IDs / properties |
| 0–15 | Prosecution/private offended party may file MR (rare) or Rule 65 petition |
| 16 | Entry of judgment if no tolling pleadings |
| 30‑45 | Certificate of Finality typically available; clear records with NBI, BI |
11. Checklist for Stakeholders
Defense Counsel / Accused
- □ Secure certified copies of judgment, release order, and dismissal rollo.
- □ If detained, coordinate with jail warden; present release order.
- □ File motions to lift HDO and cancel bond.
- □ Within 30 days, claim bail refund and property release.
- □ Apply for NBI “No Derogatory Record” update once judgment final.
Prosecution / Private Complainant
- □ Evaluate for grave abuse; secure OSG conformity before Rule 65.
- □ Consider independent civil action if damages unresolved.
- □ Preserve evidence pending possible certiorari outcome.
Court Personnel
- □ Record entry of judgment; inform jail authorities and BI.
- □ Dispatch copy to parties and Bureau of Corrections if convict previously detained elsewhere.
- □ Transmit rollo to archives after finality.
12. Frequently‑Asked Questions
| Question | Answer (Philippine Context) |
|---|---|
| Can the prosecution appeal outright? | No, appeal is barred by double jeopardy; only certiorari on jurisdictional errors is permissible. |
| Can the SC reverse and convict? | Not on Rule 65; at most it reinstates the case for trial continuation. |
| Is the civil action automatically dismissed? | Only if the court expressly states that the act from which liability may arise did not exist. Otherwise it survives. |
| Do I still need to clear my NBI record? | Yes; an acquittal does not auto‑purge database entries—it shows as “Case Dismissed”. |
| Will the judgment show in background checks abroad? | Immigration HDO is lifted, but foreign checks see only convictions; practice varies by country. |
13. Conclusion
A granted demurrer culminates in an acquittal that is as final as any other, clothed with the mantle of constitutional double jeopardy. The theater of battle may shift to:
- Rule 65 petitions disputing jurisdictional errors;
- Civil suits for damages; and
- Administrative follow‑through to restore the accused’s rights and properties.
Meticulous compliance with post‑judgment procedures—release orders, bond cancellation, HDO lifting, and record clearing—protects the acquitted accused from lingering legal and practical impediments. For the prosecution and complainant, the window for review is narrow and strictly jurisdiction‑based, demanding prompt, precise action.
Prepared: 18 July 2025 — based on the 1987 Constitution, the 2020 Revised Rules of Criminal Procedure (A.M. No. 19‑08‑15‑SC), and leading Supreme Court jurisprudence up to G.R. No. 255421 (2024).