Rule 33
Demurer to Evidence
CIVIL CASE
1. After the Plaintiff has c_mpl_t_d
the pr_s_nt_t_on of his
ev_d_nc_.
2. Move for dismissal: N_ r_ght to
r_li_f
3. Defendant m_st file. The court
c_nn_t motu propio dismiss the
civil case.
4. May be filed with/without leave
of court. If the demurrer is
D_ni_d, the defendant shall have
the right to pre_s_nt his
ev_d_nce.
5. If the demurrer to evidence is
gr_nt_d but on a_p_al the order
of d_ssm_ss_l is r_v_r_ed, the
defendant shall be deemed to
have wa_v_d the r_ght to
pr_s_nt ev_d_nc_.
CRIMINAL CASE
1. Prosecution r_st_d its c_se.
2. Ins_ff_c_ency of Ev_d_nc_
3. M_y/M_y n_t file. The court c_n
motu propio dismiss the civil case.
4. May be filed with/without leave of
court.
With leave of court – if the evidence is
d_ni_d, the accused shall have the right
to pr_s_nt his ev_d_nce.
Without leave of court – the accused
wa_v_s the right to pr_s_nt his
ev_d_nc_.
5. If the demurrer to evidence is
gr_nt_d the accused is acq_itt_d and
no a_p_al therein shall be ent_rt_in_d
for it violates the right of the accused
against do_bl_ j_op_rdy.
 RULE 34
Judgment on the Pleadings

RULE 35
Summary Judgments