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Rules On Exclusion and Separation of Witnesses

The document outlines rules and procedures regarding exclusion and separation of witnesses, effects of discharging an accused state witness, exclusion of the public from court proceedings, and the two ways to file a demurrer to evidence - with or without leave of court. It details the specific procedures that must be followed for each, including applicable time periods, opportunities for opposition, and potential outcomes if the court grants or denies the motion/demurrer.

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Arrianne Obias
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184 views2 pages

Rules On Exclusion and Separation of Witnesses

The document outlines rules and procedures regarding exclusion and separation of witnesses, effects of discharging an accused state witness, exclusion of the public from court proceedings, and the two ways to file a demurrer to evidence - with or without leave of court. It details the specific procedures that must be followed for each, including applicable time periods, opportunities for opposition, and potential outcomes if the court grants or denies the motion/demurrer.

Uploaded by

Arrianne Obias
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Rules on Exclusion and Separation of Witnesses:

As to: Exclusion Separation


What the judge may do on any Exclude from the court any Keep the witnesses from each
trial or hearing witness not at the time under other
examination
Purpose So that he may not hear the To prevent the witnesses from
testimony of other witnesses conversing with one another
until all shall have been
examined.

Effects when the Court Orders the Discharge of an Accused as State Witness:

1. General Rule – it shall:


a. Amount to an acquittal of the discharged accused, and
b. Be a bar to future prosecution for the same offense due to double jeopardy
2. Exception – unless:
The accused fails or refuses to testify against his co-accused in accordance with his
sworn statement constituting the basis for his discharge.

Exclusion of the Public


1. When the judge may exclude the public from the courtroom:
a. Motu propio – if the evidence to be produced during the trial is offensive to decency or
public morals, or
b. On motion of the accused
2. Who cannot be excluded from the trial:
a. Court Personnel, and
b. Counsel of the parties
c. Accused
d. The victim in rape cases

Two ways of filing a demurrer to evidence:

1. With leave of court


2. Without leave of court

Demurrer to Evidence WITH Leave of Court: Procedure

1. Motion for leave of court to file a demurrer


a. Shall be filed by the accused within a non-extendible period of 5 days after the
prosecution rests its case.
b. Shall specifically state the grounds therefor, and
c. May be opposed by the prosecution within a non-extendible period of 5 days from its
receipt
2. Resolution of the court on the motion for leave of court:
a. If the court DENIES the motion – it shall be reviewable by appeal or by certiorari before
judgment
b. If the court GRANTS the motion:
i. The accused is given a non-extendible period of 10 days from notice to file the
demurrer to evidence, and
ii. The prosecution is given a non-extendible period of 10 days from receipt of the
demurrer to oppose the demurrer.
3. Resolution of the court on the demurrer itself:
a. If the court DENIES the demurrer – the accused may present evidence to prove his
defense
b. If the court GRANTS the demurrer – the case is dismissed and the accused is as good as
acquitted and further the court shall state in his decision if there is criminal liability.

Demurrer to Evidence WITHOUT Leave of Court: Procedure

1. A demurrer to evidence is directly filed by the accused with the court


2. Resolution of the court on the demurrer:
a. If the court DENIES the demurrer:
i. The accused is deemed to have waived his right to present evidence
ii. The court will render judgment based on the evidence presented by the
prosecution, and
iii. This order shall not be reviewable by appeal or by certiorari before judgment
b. If the court GRANTS the demurrer – the case is dismissed and the accused is as good as
acquitted.

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