P. DEMURRER TO EVIDENCE Flashcards
Concept of 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]
Ground for Demurrer
Insufficiency of evidence, that upon the facts and the law the plaintiff has shown no right to relief. [Sec. 1, Rule 33]
Effect of Denial of Demurrer
If the demurrer is denied, the defendant shall have the right to present his evidence. [Sec. 1, Rule 33]
Can it be appealed: NO.
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]
The remedy is to proceed to trial and appeal the lost judgment, including the denial of demurrer.
Effect of Grant of Demurrer
If the demurrer is granted, the case shall be dismissed. [Sec. 1, Rule 33]
Can it be appealed: YES.
Note: The grant of a demurrer is considered an adjudication on the merits and the proper remedy would be to appeal the judgment.
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, Rule 33; Republic v. Tuvera, G.R. No. 148246 (2007)]
