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A demurrer is a motion filed by the accused challenging the sufficiency of the prosecution's evidence to lead to a conviction even without rebuttal.
The First Division, in an open court hearing on Thursday, said Revilla and his coaccused should rebut the Ombudsman's evidence head on, instead of cutting the trial short by way of a demurrer.
The hospital filed a demurrer alleging that the negligence claim was barred by California's one year statute of limitations and because the fraud claim was not pled with specificity.
denying permission to file a demurrer challenging the sufficiency of the prosecution's evidence in his P224.
Revilla through his lawyer, former Solicitor-General Estelito Mendoza, raised these arguments as he asked the First Division to grant him leave to file a demurrer and release him from detention after three and a half years.
Recently, the court also granted the demurrer to evidence submitted by four accused.
Granting a demurrer without leave to amend effectively dismisses a lawsuit.
10 decision granting to grant the demurrers of the San Juan City officials.
In a June 23 decision, Reyes granted the three men's demurrers to evidence after the court resolved that the prosecution had failed to prove their guilt.
Joson's two coaccused and supposed political allies, former Quezon Mayor Eduardo Basilio Joson and former Bongabon Mayor Amelia Gamilla, also respectively asked the Sandiganbayan to entertain their demurrers.
The accused [Ejercito] is charged in conspiracy with the others,' he said as he explained the decision to resolve Ejercito and Zamora's demurrers jointly.
The accused [Ejercito] is charged in conspiracy with the others,' he explained the decision to resolve Ejercito and Zamora's demurrers jointly.
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