Civ Pro - Rule 33 (Demurrer to Evidence)

Question 1

A demurrer to evidence is actually a motion on the ground of?

Answer 1

motion to dismiss

on the ground of insufficiency of the evidence

Question 2

It is a remedy available to the ______ to the effect that the evidence produced by the plaintiff is insufficient in point of law to make out or sustain an issue

Answer 2

defendant

When considering a demurrer, the court assumes that all the presented evidence by the plaintiff is true. Despite this assumption, the party filing the demurrer argues that even accepting the evidence as true, it is legally insufficient.

Question 3

The main point in a demurrer to evidence is whether or not the plaintiff had been able to establish a

Answer 3

prima facie evidence

Question 4

what are the stage of proceedings when demurrer of evidence is availed of

Answer 4

1. availed by defendant after plaintiff has completed the presentation of his evidence
2. In passing upon (analyzing) the sufficiency of the evidence raised in a demurrer, the court is merely required to ascertain whether there is competent or sufficient proof to sustain (accept/hold) the judgment.

Being considered a motion to dismiss, thus, a demurrer to evidence must clearly be filed before the court renders its judgment.

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a demurrer challenges the sufficiency of the evidence presented by the opposing party (usually the plaintiff) to establish a cause of action. The court, in evaluating the demurrer, is assessing whether the evidence presented by the plaintiff is competent and sufficient to support a judgment in their favor. If the evidence is deemed inadequate, the court may sustain the demurrer, potentially leading to a dismissal of the case or a judgment in favor of the party filing the demurrer

Question 5

insofar as the ground for demurrer to evidence is concerned, the ground equivalent to ‘insufficiency of evidence’ is

Answer 5

upon the facts and the law, plaintiff has shown no right to relief

Question 6

what is the effect of denial of demurrer of evidence?

Answer 6

it does not prohibit the defendant to present his evidence nor does it grant to the plaintiff their relief

once denied, the court shall set the date for the reception from the defendant of their evidence in chief

Question 7

according to sec 2 rule 33, the order denying the demurrer to evidence shall not be subject to?

Answer 7

not be subject to
- appeal
- petition for certiorari
- prohibition
- mandamus

Question 8

what is the effect of the denial of a demurrer to evidence insofar as election cases are concerned?

LB

Answer 8

once denied, can no longer insist on the right to present evidence

(Gementiza v. COMELEC)

Question 9

what is the effect of granting a demurrer on evidence insofar as appeal is concerned

Answer 9

the case shall be dismissed however upon appeal and the order granting the motion to be reversed, the defendant loses his right to present evidence

Question 10

As the defendant:

Failure to state a cause of action
|distinguish|
failure to prove cause of action

• remedy

Answer 10

remedy of [failure to state]
- move to dismiss the pleading

remedy of [failure to prove]
- demur to the evidence

Question 11

Demurrer in a civil case
|distinguish|
Demurrer in a criminal case

LoC, Appeal, Denied, Granted, Court Action

Answer 11

[1]
CIV - no need LoC to demur
CRM - w/ or w/o LoC to demur

[2]
CIV - if granted, appealable
CRM - if granted, not appealable

[3]
CIV - if denied, present evidence
CRM - if denied, can present provided that motion to demur was with LoC

[4]
CIV - cannot motu proprio
CRM - can motu proprio (old rules)
CRM - [new rules] court asks if accused wishes to move for leave of court to file a demurrer or proceed with the presentation of evidence.

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(a) In a civil case, leave of court is not required before
filing a demurrer. In a criminal case, a demurrer is filed with
or without leave of court (Sec. 23, Rule 119, Rules of Criminal
Procedure).

(b) In a civil case, if the demurrer is granted, the order of dismissal is appealable (Sec. 1, Rule 33, Rules of Court). In a criminal case, the order of dismissal is not appealable because of the constitutional policy against double jeopardy. The dismissal is equivalent to the acquittal of the accused.

(c) In a civil case, if the demurrer is denied, the defendant may proceed to present his evidence (Sec. 1, Rule 33, Rules of Court). In a criminal case, the accused may adduce his evidence only if the demurrer is filed with leave of court. He cannot present his evidence if he filed the demurrer without leave of court (Sec. 23, Rule 119, Rules of Court).

(d) In a civil case, the court cannot, on its own initiative, make a demurrer. In a criminal case, the court may do so
(Sec. 23, Rule 119, Rules of Court). This distinction is deemed modified by A.M. No. 15-06-10-SC (Revised Guidelines for
Continuous Trial in Criminal Cases). After the prosecution rests its case, the court shall inquire from the accused if he/
she desires to move for leave of court to file a demurrer, or to proceed with the presentation of his/her evidence. The
guidelines do not provide for the dismissal by the court on its
own initiative.

Question 12

how is demurrer diff from failure to state a cause of action?

both are grounds

Answer 12

plaintiff fails to state COA in complaint -> failure to state COA/complaint states no COA. (raised as an affirmative defense in your answer and court has the obligation to rule on it) happen only after hte filing of the answer

dmurrer- happens after presentation of evidence

Question 13

when you lost because your demurrer ott evidence was. what remedy?

Answer 13

New rules, you cna’t appeal or petition for certioriari, you just include it in the appeal as error

sec 2 “order denying the demurrer to evidence shall not be subject of an appeal or pettition for certiorari, prohibtion, or madnamus before judgment”