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    Demurrer To Evidence

    Uploaded by

    Maan Managaytay
    The document discusses the rules regarding demurrer to evidence in civil cases. It provides that a demurrer to evidence allows the defendant to move for dismissal if the plaintiff has not shown a right to relief based on the presented facts and law. If the demurrer is denied, the defendant can still present a defense. But if it is granted, the case will be dismissed and the plaintiff can appeal. It also distinguishes demurrer to evidence procedures between civil and criminal cases.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Demurrer To Evidence

    Uploaded by

    Maan Managaytay
    129 views7 pages
    The document discusses the rules regarding demurrer to evidence in civil cases. It provides that a demurrer to evidence allows the defendant to move for dismissal if the plaintiff has not shown a right to relief based on the presented facts and law. If the demurrer is denied, the defendant can still present a defense. But if it is granted, the case will be dismissed and the plaintiff can appeal. It also distinguishes demurrer to evidence procedures between civil and criminal cases.

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    DEMURRER TO EVIDENCE

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    The document discusses the rules regarding demurrer to evidence in civil cases. It provides that a demurrer to evidence allows the defendant to move for dismissal if the plaintiff has not shown a right to relief based on the presented facts and law. If the demurrer is denied, the defendant can still present a defense. But if it is granted, the case will be dismissed and the plaintiff can appeal. It also distinguishes demurrer to evidence procedures between civil and criminal cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    129 views7 pages

    Demurrer To Evidence

    Uploaded by

    Maan Managaytay
    The document discusses the rules regarding demurrer to evidence in civil cases. It provides that a demurrer to evidence allows the defendant to move for dismissal if the plaintiff has not shown a right to relief based on the presented facts and law. If the demurrer is denied, the defendant can still present a defense. But if it is granted, the case will be dismissed and the plaintiff can appeal. It also distinguishes demurrer to evidence procedures between civil and criminal cases.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    DEMURRER TO EVIDENCE

    After the plaintiff has completed the presentation of his evidence,


    the defendant may move for dismissal on the ground that upon the facts
    and the law the plaintiff has shown no right to relief. [Sec. 1, Rule 33]
    5
    Ground
    Insufficiency of evidence, that upon the facts and the law the
    plaintiff has shown no right to relief. [Sec. 1, Rule 33]

    10 Effect of Denial
    If the demurrer is denied, the defendant shall have the right to
    present his evidence. [Sec. 1, Rule 33]
    The order denying the demurrer to evidence shall not be the subject
    of an appeal or petition for certiorari, prohibition or mandamus before
    judgment. [Sec. 2, Rule 33]
    Note: The remedy then is to proceed to trial, and if the defendant
    loses, to appeal the judgment and include in the assigned errors, the
    denial of the demurrer to evidence.
    5
    Effect of Grant
    If the demurrer is granted, the case shall be dismissed. [Sec. 1, Rule 33]

    Note: The grant of a demurrer is considered an adjudication on the


    10 merits and the proper remedy would be to appeal the judgment. The
    appellate court should not remand the case for further proceedings but
    should render judgment on the basis of the evidence submitted by the
    plaintiff. [Consolidated Bank and Trust Corp. v. Del Monte Motor Works, Inc., G.R. No.
    143338 (2005)]
    15
    Waiver of Right to Present Evidence

    If the order granting the demurrer is reversed on appeal, the


    defendant is deemed to have waived his right to present evidence. [Sec. 1,
    5 Rule 33; Republic v. Tuvera, G.R. No. 148246 (2007)]

    Action on Demurrer to Evidence

    A demurrer to evidence shall be subject to the provisions of Rule 15.


    10 [Sec. 2, Rule 33]
    Being subject to the provisions of Rule 15, it follows that a demurrer
    to evidence is15 requires that there must be proof of service to the other
    party who shall have 5 calendar days to file an opposition. The court
    shall then resolve the motion within 15 calendar days from the receipt
    15 of such opposition.
    Distinguish: Demurrer to Evidence in a Civil Case and
    Demurrer to Evidence in a Criminal Case

    Demurrer to Evidence in a Civil Demurrer to Evidence in a


    Case Criminal Case
    Anchored upon the failure of the Predicated upon prosecution’s
    plaintiff to show that he is entitled insufficiency of evidence. [Sec. 23,
    to relief, upon the facts and the Rule 119]
    law. [Sec. 1, Rule 33

    May be filed with or without leave


    of court [Sec. 23, Rule 119
    If the demurrer is denied, the If the defense filed the demurrer
    defendant does not lose his right to with leave of court, the defense
    present his evidence. may present evidence upon denial
    of demurrer.
    When without leave of court and
    the demurrer is denied, thedefense
    is deemed to have waived the right
    to present evidence and thus
    submits the case for judgment on
    the basis of evidence offered by
    the prosecution.

    If the demurrer is granted, the No appeal is allowed when a


    plaintiff may appeal and if the demurrer is granted because the
    dismissal is reversed, the dismissal is deemed an acquittal.
    defendant is deemed to have [People v. Tan, G.R. No. 167526 (2010)]
    waived his right to present his
    evidence.

    It is the defendant who invokes The court may, on its own


    demurrer by moving for the initiative, may dismiss the action
    dismissal of the case. after giving the prosecution an
    The court does not do so on its opportunity to be heard.
    own initiative.

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