DEMURRER TO EVIDENCE:

     A demurrer to evidence is filed after the prosecution has rested its case and the trial court is required to evaluate whether the evidence presented by the prosecution is sufficient enough to warrant the conviction of the accused beyond reasonable doubt. If the court finds that the evidence is not sufficient and grants the demurrer to evidence, such dismissal of the case is one on the merits, which is equivalent to the acquittal of the accused. Well-established is the rule that the Court cannot review an order granting the demurrer to evidence and acquitting the accused on the ground of insufficiency of evidence because to do so will place the accused in double jeopardy (BENJAMIN B.. BANGAYAN, JR. VS. SALLY GO BANGAYAN, G.R. NO. 172777, OCTOBER 19, 2011, MENDOZA, J.).