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What is a demurrer to evidence?
The only ground for demurrer to evidence is that the plaintiff has shown no right
to relief.
It can be filed after plaintiff completed the presentation of his evidence. This is
exactly after the court ruled on the plaintiff's formal offer of evidence. (See
Cabador vs People, G.R. No. 186001, October 2, 2009)
What is the implication of the denial of the demurrer to evidence? What is the
remedy of the defendant in case of denial?
From the point of view of the court, the evidence of plaintiff is sufficient prima
facie to support his case. Hence, the remedy of the defendant is to present his
evidence. The court should set the date for the reception of the defendants
evidence-in-chief (Northwest Airlines vs. CA, G.R. No. 120334. January 20, 1998)
What is the implication of the grant of the demurrer to evidence? What is the
effect of the grant? What then is the remedy of the plaintiff?
The grant of the demurrer to evidence is a pronouncement by the court that the
evidence of plaintiff is not sufficient to prove his case. Hence, the case is
dismissed. The remedy of plaintiff is to appeal the order of dismissal.
If plaintiff appealed and the appellate court reversed the order of dismissal, what
is the implication of such reversal?
The implication is that the evidence of plaintiff is sufficient to prove his case. So,
the order of dismissal is set aside.
What is the effect of the reversal order of dismissal on the right of defendant to
present his evidence?
In the case of reversal, the appellate court shall resolve the case and
render judgment on the merits based on the available evidence.
It is not correct for the appellate court reversing the order granting
the demurrer to remand the case to the trial court for further
proceedings. The appellate court should, instead of remanding the
case, render judgment on the basis of the evidence submitted by the
plaintiff (Radiowealth Finance Corp. vs. Del Rosario, G.R. No. 138739.
July 6, 2000).
No.
1. LEAVE OF COURT. In a civil case, leave of court is not required before filing
a demurrer. In a criminal case, leave of court may be filed with or without leave
of court.
Cases:
The provision of the Rules governing demurrer to evidence does not apply to
an election case (Gementiza vs. COMELEC, 353 SCRA 724).