Effect of reversal of demurrer on appeal; Waiver of right to present evidence | Demurrer to Evidence (RULE 33) | CIVIL PROCEDURE

Below is a consolidated, meticulous discussion of the topic “Effect of Reversal of Demurrer on Appeal; Waiver of Right to Present Evidence” under Rule 33 of the 2019 Amendments to the 1997 Rules of Civil Procedure in the Philippines, with emphasis on the pertinent rules, doctrines, and leading principles. I will go straight to explaining all key points you must know.

1. Definition and Nature of Demurrer to Evidence in Civil Cases

A. Concept

  1. Demurrer to Evidence is a procedural device available to the defendant after the plaintiff has completed the presentation of his evidence.
  2. By filing a demurrer, the defendant, in effect, moves for the dismissal of the complaint on the ground that upon the facts and the law, the plaintiff’s evidence is insufficient to make out a case or sustain a judgment in the plaintiff’s favor.

B. Governing Provision

  • The core rule is found in Rule 33 of the Rules of Civil Procedure, particularly Section 1, which provides:

    Section 1. Demurrer to Evidence. – After the plaintiff has completed the presentation of his or her 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.
    If the motion is denied, the defendant shall have the right to present evidence.
    If the motion is granted but on appeal the order of dismissal is reversed, the defendant shall have the right to present evidence.

Thus, the rule expressly states two significant effects:

  1. If the demurrer is denied, the demurrant (defendant) still retains the right to present his evidence.
  2. If the demurrer is granted and the dismissal is later reversed on appeal, the demurrant is likewise entitled to present his evidence (i.e., no waiver).

2. Effect of Reversal of Demurrer on Appeal

When a trial court grants the defendant’s demurrer to evidence, the immediate consequence is a dismissal of the complaint. Such an order of dismissal is final as far as the lower court is concerned, and the usual remedy of the plaintiff is to appeal that dismissal.

A. Reversal on Appeal

If the appellate court (whether the Court of Appeals or the Supreme Court, depending on the nature of the case) reverses or sets aside the trial court’s grant of the demurrer, the basic rule is:

  1. The case is ordinarily remanded to the trial court for further proceedings.
  2. The defendant, who previously filed and benefited from the granted demurrer, now retains the right to present his evidence. He is not deemed to have waived the right to adduce proof.
  3. The rationale is that to hold otherwise would violate the defendant’s right to due process. If the trial court erroneously granted the demurrer, the defendant should not suffer the consequence of having waived the presentation of his evidence, because at the time the demurrer was filed (and granted), he had no reason to present a defense on the merits.

B. No Waiver of Right to Present Evidence

Under the express text of Rule 33, there is no waiver of the right to present evidence if the appellate court reverses the grant of a demurrer. The law is explicit:

“If [the demurrer] is granted but on appeal the order of dismissal is reversed, the defendant shall have the right to present evidence.”

Hence, after reversal, the trial court must allow the defendant to proceed with the introduction of his evidence on the merits, unless the appellate court itself decides the case outright on the existing record (which occasionally happens if the appellate court finds ample basis in the records to resolve the factual and legal issues, but the standard approach is to remand for further proceedings).

3. Contrast With Criminal Procedure Demurrer

It is important to contrast this rule in civil procedure with the parallel concept in criminal procedure (Rule 119 of the Rules of Criminal Procedure). In criminal cases:

  • If the accused files a demurrer to evidence without leave of court, he waives his right to present evidence if the demurrer is denied.
  • If the demurrer is granted, the accused is acquitted (generally not appealable by the prosecution because of the constitutional prohibition against double jeopardy).

This can cause confusion to practitioners who do not distinguish between civil and criminal demurrers. The demurrer to evidence in civil cases is generally more straightforward: no waiver of the right to present evidence if the demurrer is reversed on appeal.

4. Logical Bases and Key Doctrines

A. Due Process Considerations

The Supreme Court has repeatedly emphasized that a litigant should be afforded the opportunity to present evidence in support of his claims or defenses. Once the trial court grants a demurrer, the defendant has no need to present his evidence then and there, because the case has effectively been dismissed in his favor. If that dismissal is later reversed, the defendant’s right to due process necessitates that he be allowed to present his side.

B. Prevention of Manifest Injustice

It would be manifestly unjust to automatically consider the defendant as having waived the right to defend the action on the merits, when he reasonably relied on the trial court’s ruling dismissing the case in his favor. The Supreme Court has underscored the fundamental fairness embedded in Rule 33: a litigant is not penalized for a trial court’s error in granting the demurrer prematurely.

C. Effect on Finality of Judgments

An order granting a demurrer to evidence is considered a final order that may be appealed by the plaintiff. Upon such appeal, the appellate court may:

  1. Affirm the dismissal (if the plaintiff’s evidence is truly insufficient).
  2. Reverse/Set Aside the dismissal and remand for further proceedings (and direct the lower court to allow the defendant to present evidence).

If reversed, there is no immediate final judgment against the defendant; rather, the trial continues, consistent with the directive of the appellate court.

5. Procedural Flow When the Demurrer is Reversed

  1. Plaintiff’s Evidence: The plaintiff has presented his entire case.
  2. Demurrer to Evidence Granted: Trial court issues an order dismissing the complaint.
  3. Plaintiff Appeals: The plaintiff contends that the trial court erred in holding that his evidence was insufficient.
  4. Appellate Court Reversal: Appellate court finds that plaintiff’s evidence does establish a prima facie right to relief.
  5. Remand to Trial Court: The case is sent back to allow defendant to adduce evidence. The “trial on the merits” resumes from the defense’s presentation of evidence stage.
  6. Decision on the Merits: After the defendant has had his chance to present evidence, the trial court will render judgment based on both parties’ evidence (unless the appellate court opts to decide the merits outright, which is less common).

6. Practical and Strategic Considerations for Counsel

  1. Timing of Demurrer:

    • Demurrer must be filed after plaintiff rests but before defendant presents evidence. It is tactically wise to confirm that plaintiff’s evidence truly fails to make a case.

  2. Risk vs. Benefit:

    • If you (as defendant) believe that plaintiff’s evidence is fatally weak, a demurrer can secure an early dismissal. However, be aware that if the court disagrees and denies the demurrer, you will still proceed to trial (though you have not waived your right to present evidence).

  3. Appeal vs. Proceed with Defense:

    • An order denying a demurrer is an interlocutory order, not appealable by itself. The defendant must proceed to trial and raise the denial of the demurrer as an error on appeal only after final judgment.

  4. If the Demurrer Is Granted and Plaintiff Appeals:

    • Defendant may simply wait and see if the appellate court affirms or reverses.
    • If reversed, the defendant must be ready to present evidence promptly when the case is remanded.

  5. Drafting the Demurrer (Legal Forms / Essentials):

    • Caption and Title (e.g., “DEMURRER TO EVIDENCE”)
    • Statement of the Case and Brief Summary of Proceedings
    • Statement/Analysis of Plaintiff’s Evidence (factual basis)
    • Legal Grounds: Cite Rule 33 and the specific reasons why plaintiff’s evidence is insufficient
    • Prayer for Dismissal of the Complaint with Prejudice
    • Notice of Hearing and Proof of Service

7. Leading Jurisprudence

Although Rule 33 is clear on its face, the Supreme Court has, on multiple occasions, reiterated that:

  1. If a demurrer to evidence is reversed on appeal, the defendant must be allowed to present his evidence to avoid denial of due process.
  2. The purpose of a demurrer—to test the sufficiency of the plaintiff’s evidence—cannot be expanded to deprive the defendant of the chance to defend himself fully if the initial ruling (granting the demurrer) is found erroneous.

Among the Supreme Court pronouncements along this line are cases consistently applying Section 1, Rule 33, although many older rulings pre-date the 1997 Revision (and the 2019 Amendments) but remain aligned with the principle that “no waiver is implied.”

8. Summary of Key Points

  1. No Automatic Waiver of Defense Presentation: In civil cases, if the trial court grants a demurrer and that order is reversed, the defendant’s right to present evidence is explicitly preserved by the Rules.
  2. Due Process Rationale: The fairness principle dictates that a defendant should not lose the right to present evidence because a judge prematurely dismissed the case in his favor.
  3. Remand for Further Proceedings: Typical remedy upon reversal is to remand the case to the lower court for reception of the defendant’s evidence and subsequent judgment on the merits.
  4. Contrast with Criminal Procedure: Do not confuse the effects of a denied demurrer without leave of court in criminal cases, where the accused waives the right to present evidence. In civil cases, no such waiver arises if the demurrer is reversed.
  5. Strategic Use: A well-grounded demurrer can end litigation early if granted. If reversed on appeal, the defendant is still not penalized by losing his right to be heard on the merits.

9. Conclusion

Under Rule 33 of the Rules of Civil Procedure, if the trial court grants the defendant’s demurrer to evidence, that order dismisses the complaint. If the plaintiff appeals and the appellate court reverses the dismissal, the case is generally remanded so that the defendant can present his evidence on the merits. The defendant is not deemed to have waived the right to introduce evidence. This rule is firmly grounded in due process considerations, ensuring that a defendant who initially succeeded (by the trial court’s erroneous grant of demurrer) is not unfairly punished by losing his day in court.

Hence, the controlling principle is simple: there is no waiver of the right to present evidence if a granted demurrer is reversed on appeal. This stands as a pillar in the rules on demurrer to evidence in Philippine civil procedure.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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