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Elbert Tan vs. Court of Appeals, et al.

ELBERT TAN, petitioner vs. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 110715 | 1997-12-12

D E C I S I O N


PANGANIBAN, J.:

When an accused files a demurrer to evidence without express leave of court, he is deemed to have waived his right to present his own evidence. Having been unequivocally warned by the trial court that the filing of a demurrer is a waiver of his right to present evidence, herein appellant cannot be allowed to adduce his own after his demurrer is denied.

The Case

Petitioner Elbert Tan assails Respondent Court of Appeals' 1 Decision in CA-G.R. CR No. 09883 promulgated on November 27, 1992 affirming in toto the Regional Trial Court's 2 decision 3 which disposed as follows:

WHEREFORE, accused Elbert Tan is...