Demurrer to Evidence RULE 33

Demurrer to evidence in civil cases versus demurrer to evidence in criminal cases | Demurrer to Evidence (RULE 33) | CIVIL PROCEDURE

Below is a comprehensive, meticulous discussion of the similarities and differences between demurrer to evidence in civil cases (governed primarily by Rule 33 of the Rules of Court) and demurrer to evidence in criminal cases (governed by Rule 119, particularly Section 23, of the Rules of Court). This discussion focuses on Philippine procedural law and jurisprudence.

I. DEMURRER TO EVIDENCE IN CIVIL CASES (RULE 33)

A. Concept

  • Definition: A demurrer to evidence in a civil case is a motion to dismiss filed by the defendant after the plaintiff has completed the presentation of evidence. By filing a demurrer, the defendant, in effect, “challenges” the legal sufficiency of the plaintiff’s evidence—i.e., even if all the evidence so far presented by the plaintiff were taken as true, it would still be insufficient to sustain a judgment in the plaintiff’s favor.
  • Governing Rule: Rule 33 of the 1997 Rules of Civil Procedure (as amended).
    - Under Rule 33, Section 1, if the plaintiff’s evidence is found insufficient to prove the plaintiff’s cause of action, the court will grant the demurrer and dismiss the case.

B. Purpose and Rationale

  • The principal reason for allowing a demurrer to evidence in civil proceedings is judicial economy: if, after seeing the plaintiff’s evidence, it is apparent that plaintiff has not established a prima facie case, there is no need for the defendant to present evidence, thus preventing unnecessary proceedings.

C. Procedure

  1. Filing of the Demurrer
    • After the plaintiff completes the presentation of evidence, the defendant may move in writing for a demurrer to evidence.
    • The motion must specifically state the grounds on which it is based.
  2. Court Action and Effect
    1. Grant of Demurrer
      • If the court finds the plaintiff’s evidence insufficient in law to sustain a judgment, the court will grant the demurrer and dismiss the complaint.
      • A dismissal resulting from the granting of a demurrer to evidence operates as an adjudication on the merits, and the plaintiff may appeal that order of dismissal.
    2. Denial of Demurrer
      • If the demurrer is denied, the court will require the defendant to present evidence, without waiving the defendant’s right to do so.
      • The defendant does not lose or waive the right to present evidence simply by filing the demurrer (unlike in criminal cases without leave).

D. Effects and Remedies

  • If Demurrer is Granted
    • The case is dismissed; it is a judgment on the merits in favor of the defendant.
    • The plaintiff’s remedy is to file an appeal; if the appellate court reverses, the defendant will then proceed to present evidence (unless otherwise directed by the higher court).
  • If Demurrer is Denied
    • The trial proceeds; the defendant presents evidence.
    • No automatic right of appeal arises from an interlocutory order denying a demurrer. The defendant generally must wait for final judgment to appeal any error in the denial of the demurrer.

E. Key Points to Remember

  • In civil cases, no leave of court is required to file a demurrer to evidence, and denial does not result in waiver of the right to present evidence.
  • A granted demurrer in civil cases is subject to appeal, because it is effectively a judgment on the merits in favor of the defendant.

II. DEMURRER TO EVIDENCE IN CRIMINAL CASES (RULE 119)

A. Concept

  • Definition: A demurrer to evidence in a criminal case is likewise a motion to dismiss filed by the accused after the prosecution has rested its case. By filing the demurrer, the accused essentially asserts that the prosecution’s evidence is insufficient to prove guilt beyond reasonable doubt.
  • Governing Rule: Section 23, Rule 119 of the Revised Rules of Criminal Procedure.

B. Purpose and Rationale

  • Similar to civil cases, the main aim is judicial economy: if there is manifest insufficiency of evidence to convict, then there is no reason to continue with the trial.
  • It also serves as a protective measure for the accused’s constitutional right to be presumed innocent. If the prosecution fails to provide a prima facie case, the accused should be acquitted at once.

C. Procedure

  1. Filing with or Without Leave of Court
    • The accused may file a demurrer to evidence with or without leave of court.
    • This distinction is critical because of the consequences once the demurrer is denied.
  2. Grounds
    • The demurrer must state that the prosecution’s evidence is insufficient to prove the offense charged or to establish the accused’s guilt beyond reasonable doubt.

D. Court Action and Effect

  1. Demurrer Filed with Leave of Court
    • If the court denies the demurrer, the accused retains the right to present evidence because the accused sought permission (leave) to file the demurrer.
    • If the court grants the demurrer, the accused is acquitted, and such acquittal is final (generally not subject to appeal due to the constitutional prohibition against double jeopardy).
  2. Demurrer Filed without Leave of Court
    • If the court denies the demurrer, the accused waives the right to present evidence, and the case is deemed submitted for judgment based solely on the prosecution’s evidence.
    • If the court grants the demurrer, the accused is likewise acquitted, which is final and unappealable (again because of double jeopardy protections).

E. Effects and Double Jeopardy Concerns

  • Grant of Demurrer = Acquittal
    • In a criminal case, once a demurrer is granted, the judgment is an acquittal.
    • As a rule, this cannot be appealed by the prosecution due to the prohibition on double jeopardy.
    • The only narrow exception is if the prosecution can prove that the trial court acted with grave abuse of discretion, amounting to a denial of due process (very rare and subject to extraordinary remedies like certiorari; even then, reversal is highly unlikely as it impinges on double jeopardy).
  • Denial of Demurrer
    • If filed with leave of court: the accused will then present evidence.
    • If filed without leave of court: the accused loses the right to present evidence, and the case will be decided on the basis of the prosecution’s evidence alone.

F. Key Points to Remember

  • Filing a demurrer with leave of court is generally safer; it preserves the right to present evidence should the court find the demurrer unmeritorious.
  • If a demurrer is granted in a criminal case, it results in an acquittal—not merely a dismissal—and that generally bars further prosecution for the same offense (double jeopardy).
  • A granted demurrer in a criminal case is not typically subject to appeal by the government.

III. COMPARISON: DEMURRER IN CIVIL CASES VS. DEMURRER IN CRIMINAL CASES

  1. Nature and Effect of Grant

    • Civil: A grant of demurrer to evidence dismisses the complaint (judgment on the merits against the plaintiff). The plaintiff may appeal because there is no issue of double jeopardy in civil actions.
    • Criminal: A grant of demurrer acquits the accused, generally final and unappealable, subject only to extremely narrow exceptions (e.g., grave abuse of discretion).

  2. Requirement of Leave of Court

    • Civil: No leave of court is required to file a demurrer. If the demurrer is denied, the defendant may still present evidence.
    • Criminal: The accused may file a demurrer either with or without leave of court. If filed without leave and subsequently denied, the accused waives the right to present evidence.

  3. Consequences of Denial

    • Civil: Denial of the demurrer is interlocutory; no immediate appeal. The defendant proceeds to present evidence.
    • Criminal:
      • With leave: The accused proceeds to present evidence upon denial.
      • Without leave: The accused loses the right to present evidence and the case is decided on the prosecution’s evidence alone.

  4. Remedy from the Order Granting Demurrer

    • Civil: The order granting demurrer can be appealed by the plaintiff.
    • Criminal: The prosecution’s remedy against the order granting demurrer is basically barred by double jeopardy, unless it can invoke grave abuse of discretion amounting to lack or excess of jurisdiction, and even then it typically proceeds via Rule 65 certiorari—but the acquittal is rarely overturned.

  5. Burden of Proof Standard

    • Civil: Preponderance of evidence. Plaintiff must establish a cause of action by a preponderance (or substantial evidence for specific types of cases, depending on the cause of action).
    • Criminal: Guilt must be proven beyond reasonable doubt. The court evaluates if the prosecution’s evidence meets this high threshold before requiring the defense to present its evidence.

IV. PRACTICAL TIPS AND POINTS OF CAUTION

  1. Strategic Use in Civil Cases

    • A defendant should carefully assess the sufficiency of the plaintiff’s evidence. A well-founded demurrer can save time and resources if successful.
    • Since no leave of court is required, there is generally no downside: if the demurrer is denied, the defendant proceeds with defense evidence.

  2. Strategic Use in Criminal Cases

    • The accused (with counsel) should meticulously examine whether the prosecution’s evidence is truly insufficient. A demurrer might be advantageous if the proof of guilt is evidently weak.
    • Deciding with or without leave of court is crucial. If the accused is confident of winning the demurrer, filing without leave might be chosen to expedite the process. However, if it is denied, the accused loses the chance to present a defense.
    • Filing with leave is generally the safer route unless there are compelling reasons otherwise.

  3. Drafting the Demurrer

    • In both civil and criminal cases, the demurrer must specifically point out which elements of the cause of action (civil) or offense (criminal) were not proven by the opposing party’s evidence.
    • Citing jurisprudence and meticulously analyzing the evidence on record are vital to showing the judge why it is insufficient.

  4. Double Jeopardy in Criminal Cases

    • Keep in mind that once a demurrer to evidence is granted in a criminal case, any attempt to appeal or reconsider that acquittal is typically barred by the constitutional guarantee against double jeopardy.
    • An exception is a petition for certiorari under Rule 65 on the ground of grave abuse of discretion, but the bar is extraordinarily high.

  5. Appeal in Civil Cases

    • If you are the plaintiff in a civil case and your complaint was dismissed via a granted demurrer, promptly appeal the dismissal order if you believe the court erred in ruling that the evidence was insufficient.

V. SUMMARY

  1. Civil Cases (Rule 33)

    • No leave of court needed; no waiver of the defendant’s right to present evidence upon denial.
    • Grant of demurrer = dismissal (judgment on the merits). Plaintiff can appeal.
    • Denial = Interlocutory; defendant presents evidence, then final judgment follows.

  2. Criminal Cases (Rule 119, Section 23)

    • Filing may be with or without leave.
    • With leave: If denied, accused may still present evidence.
    • Without leave: If denied, accused waives right to present evidence.
    • Grant = Acquittal (double jeopardy generally prohibits appeal by the prosecution).
    • Denial = Case proceeds (or directly goes to judgment if filed without leave).

  3. Main Distinction

    • Effect of Grant:
      • Civil – Dismissal, subject to appeal.
      • Criminal – Acquittal, typically final and unappealable.
    • Requirement of Leave:
      • Civil – None required.
      • Criminal – The accused may seek leave to preserve the right to present evidence if the demurrer is denied.
    • Double Jeopardy:
      • Not applicable in civil cases.
      • Highly relevant in criminal cases—once acquitted, typically final.

By understanding these distinctions and nuances, litigants and counsel can better protect their interests—whether as plaintiff or defendant in a civil suit, or as accused or prosecutor in a criminal proceeding. Properly used, a demurrer to evidence is a powerful tool that can result in an early and efficient termination of the case when the evidence is clearly insufficient.

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

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.

Denial of demurrer not subject to appeal or petition for certiorari | Demurrer to Evidence (RULE 33) | CIVIL PROCEDURE

All There Is to Know About: “Denial of Demurrer Not Subject to Appeal or Petition for Certiorari” under Rule 33 of the Philippine Rules of Court

1. Overview of Demurrer to Evidence

A demurrer to evidence under Rule 33 of the Rules of Court is a procedural device available to the defendant (or the accused in criminal cases, with an analogous concept under Rule 119 for criminal procedure) that effectively challenges the sufficiency of the plaintiff’s (or prosecution’s) evidence after the plaintiff has rested its case. By filing a demurrer, the movant asserts that even if all the evidence already presented were admitted as true, it still would not be enough to warrant a judgment in favor of the plaintiff.

Under Rule 33 (for civil cases):

  1. The defendant files a demurrer to evidence after the plaintiff’s presentation of evidence and rests his/her case.
  2. The court then evaluates whether the plaintiff’s evidence establishes a prima facie case for the cause of action.
  3. If the trial court grants the demurrer to evidence, it amounts to a dismissal of the complaint on the merits (subject to the right to appeal by the plaintiff).
  4. If the trial court denies the demurrer to evidence, the defendant typically proceeds with the presentation of his/her own evidence.

The subject of this discussion is the denial of a demurrer to evidence—specifically why such denial is not subject to an immediate appeal or petition for certiorari, and the legal consequences flowing therefrom.

2. Nature of an Order Denying a Demurrer to Evidence

The hallmark feature relevant here is the interlocutory nature of an order denying a demurrer to evidence:

  1. Interlocutory Order – An order is interlocutory if it does not finally dispose of the case but instead leaves something else to be done by the court before the case is finally decided.
  2. When a court denies a demurrer to evidence, the effect is that the case proceeds to the next stage: the defendant is allowed (or required) to present his/her evidence.
  3. Because the denial does not terminate the litigation, it is deemed interlocutory—no final adjudication on the merits occurs at this stage.

3. General Rule: No Immediate Appeal

Under Philippine procedural rules, interlocutory orders cannot be the subject of an immediate appeal. Rule 41 of the Rules of Court, which governs appeals from regional trial courts, generally allows only final judgments or orders that dispose of the action or proceeding to be appealed.

  • An appealable judgment/order is one that completely puts an end to the particular matter in litigation or effectively leaves nothing more to be done in the trial court on the merits.
  • In contrast, an order denying a demurrer to evidence does not finally resolve the rights and obligations of the parties; therefore, it cannot be appealed right away.

Hence, consistent with well-established doctrine:

“No appeal lies from an order denying a demurrer to evidence because such an order is interlocutory.”

4. General Rule: No Petition for Certiorari

Since an order denying a demurrer to evidence is interlocutory, it is also not proper to assail it via a petition for certiorari under Rule 65—unless there is a showing of grave abuse of discretion amounting to lack or excess of jurisdiction. The Supreme Court has repeatedly emphasized that the availability of certiorari is confined to extraordinary situations where the lower court has acted capriciously, whimsically, or arbitrarily in a manner tantamount to lack of jurisdiction.

  1. Why Not Certiorari as a Matter of Right?

    • A petition for certiorari under Rule 65 is not a substitute for a lost appeal or an alternative to an unripe appeal.
    • The petitioner must prove a gross or patent abuse of discretion by the trial court—something far beyond a mere error of judgment.
    • In the typical scenario, the denial of a demurrer to evidence simply signals that the court finds a prima facie case exists; it is not usually an example of grave abuse of discretion.

  2. Exception: Grave Abuse of Discretion

    • If the defendant believes that the trial court utterly disregarded the rules or jurisprudence (for instance, that there was a complete absence of any evidence on a material fact, yet the demurrer was still denied), a party may attempt a certiorari petition.
    • The burden is very high: it must be shown that the trial court acted in a whimsical or arbitrary manner lacking a legal or factual basis.

However, as a general rule absent that extraordinary showing, the correct procedure is:

  • Proceed with trial.
  • Present defense evidence.
  • Await the trial court’s final decision.
  • Appeal any adverse final judgment, where errors in denying the demurrer (among others) can be raised as assigned errors.

5. Practical Effect of Denial of Demurrer

When a court denies a demurrer to evidence, the defendant generally has two choices:

  1. Present Evidence – Continue with the case, present one’s own evidence, and attempt to refute or overcome the plaintiff’s evidence.
  2. Stand by the Demurrer – In certain scenarios, if the rules or jurisprudence allow, the defendant may choose to waive the right to present evidence and submit the case for decision solely on the plaintiff’s evidence. This is far less common in civil cases (compared to certain strategic uses in criminal cases) and is typically risky.

Because of the denial’s interlocutory character, the ordinary practice is to present evidence, proceed to final judgment, and, if the final judgment is unfavorable, raise the denial of the demurrer as one of the errors on appeal.

6. Distinguishing from a Grant of Demurrer

In contrast, if the court grants the demurrer to evidence:

  • The complaint is dismissed on the merits (except in very narrow circumstances such as partial grant).
  • Such a dismissal is final and therefore immediately appealable by the plaintiff.
  • The entire action, for all intents and purposes, is ended at the trial level. That is the scenario in which immediate appellate review is warranted.

7. Relevant Jurisprudence

Philippine jurisprudence has repeatedly pronounced the principle that an order denying a demurrer is not final, thus not appealable, nor is it ordinarily correctible by certiorari. Some notable pronouncements may be found in Supreme Court decisions that emphasize:

  1. Order Denying a Demurrer Is Interlocutory
    • People v. Sandiganbayan, Spouses Arnaldo v. Bañez, among others: underscore that the remedy against a denial of a demurrer is to proceed to trial, present evidence, and appeal if necessary from the final judgment.
  2. Certiorari Requires Grave Abuse of Discretion
    • Consistently, the Supreme Court has stated that only in extreme cases where there is a clear departure from the usual judicial procedures—equivalent to lack or excess of jurisdiction—would a petition for certiorari against the denial be entertained.

8. Rationale Behind the Rule

  1. Avoid Piecemeal Appeals – The rule against appealing interlocutory orders is intended to prevent the appellate courts from being burdened with piecemeal review of every intermediate step.
  2. Maintain Orderly Proceedings – It ensures that the trial proceeds smoothly without interruptions at each ruling the judge issues.
  3. Efficient Use of Judicial Resources – For the judiciary to function effectively, final judgments are preferred as the triggers of appellate jurisdiction. Otherwise, appellate courts would be overwhelmed with multiple, repeated interventions in ongoing cases.

9. Summary and Practical Pointers

  • Denial of Demurrer = Interlocutory → Not subject to immediate appeal.
  • No Certiorari unless there is grave abuse of discretion.
  • Proceed to Present Defense → Best practice: Continue with the proceedings.
  • Raise Denial as Error on Appeal from Final Judgment → The correctness (or incorrectness) of the denial of the demurrer may be assigned as an error on appeal after the trial court issues its final decision.

10. Conclusion

Under Philippine civil procedure, an order denying a demurrer to evidence under Rule 33 is considered interlocutory. Because it does not finally dispose of the case, it is not immediately appealable. Neither is it normally subject to a petition for certiorari except in extraordinary situations where the denial amounts to grave abuse of discretion. The proper course for a party aggrieved by such denial is to continue with the trial, present evidence, await the final judgment, and raise the denial of the demurrer among the issues if an appeal becomes necessary.

This principle underpins the broader judicial policy of minimizing piecemeal appeals and ensuring orderly proceedings, allowing the trial court to fully hear all sides before rendering a definitive and reviewable final judgment.

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

Effect of denial or grant of demurrer | Demurrer to Evidence (RULE 33) | CIVIL PROCEDURE

DETAILED DISCUSSION ON DEMURRER TO EVIDENCE (RULE 33, PHILIPPINE RULES OF COURT) AND THE EFFECT OF ITS DENIAL OR GRANT

I. OVERVIEW OF DEMURRER TO EVIDENCE UNDER RULE 33

A demurrer to evidence in civil cases is a procedural device provided by Rule 33 of the 2019 Amendments to the Philippine Rules of Court. It is filed by the defendant (or any party against whom a claim is asserted) immediately after the plaintiff (or the claiming party) has completed the presentation of evidence. By filing a demurrer, the defendant, in essence, says:

“Even assuming all the facts and evidence presented by the plaintiff are true, they are still not sufficient to establish a cause of action against me.”

Thus, a demurrer challenges the sufficiency of the plaintiff’s evidence to warrant a decision in the plaintiff’s favor. The rule allows the defendant to test the legal sufficiency of the plaintiff’s case without having to present the defendant’s own evidence.

II. TIMING AND FORM OF A DEMURRER TO EVIDENCE

  1. When to File: Under Rule 33, a demurrer to evidence is filed after the plaintiff has rested—that is, after the plaintiff has formally offered and closed the presentation of their evidence. The defendant must file the demurrer before presenting any evidence on his or her behalf.

  2. Form and Contents:

    • The demurrer should be in writing.
    • It must specifically state the grounds upon which it is based. Essentially, it must show in detail why the evidence adduced by the plaintiff is insufficient or why it does not prove the plaintiff’s cause of action.

  3. No Leave of Court Required (in Civil Procedure):

    • Unlike in criminal cases (where a demurrer to evidence without leave of court can waive the right to present evidence if denied), in civil cases, leave of court is not required to file a demurrer.
    • Nonetheless, when a defendant files a demurrer, it generally implies that the defendant is standing by the claim that the plaintiff has no prima facie case—thus putting the entire burden on the plaintiff’s insufficient evidence.

III. GROUNDS FOR DEMURRER TO EVIDENCE

In essence, the demurrer contends that:

  1. Plaintiff failed to prove the material allegations of the complaint; or
  2. Plaintiff’s evidence is patently insufficient to warrant a judgment in his or her favor; or
  3. Plaintiff’s evidence does not establish a right to the relief sought.

“Insufficiency” of the evidence may be quantitative (e.g., incomplete presentation of evidence to establish each element of the cause of action) or qualitative (e.g., the evidence presented is so weak or contradictory that it does not prove plaintiff’s claim even if uncontradicted).

IV. EFFECT OF DENIAL OF DEMURRER TO EVIDENCE

  1. Defendant Must Present Evidence:

    • If the demurrer to evidence is denied, the case proceeds, and the defendant is required to present his or her evidence.
    • The defendant cannot appeal the denial of the demurrer at this interlocutory stage. Interlocutory orders are not immediately appealable. The defendant must wait for final judgment on the merits and can raise the denial of the demurrer as an error on appeal.

  2. No Waiver of Right to Present Evidence:

    • In civil cases, the denial of a demurrer does not automatically result in a waiver of the defendant’s right to offer evidence. The defendant will then be given an opportunity to present his or her defenses, witnesses, and other proofs.

  3. No Automatic Judgment on the Merits:

    • The denial does not immediately mean judgment for the plaintiff. It merely means the court found that the plaintiff’s evidence was prima facie sufficient to proceed.

V. EFFECT OF GRANT OF DEMURRER TO EVIDENCE

  1. Judgment on the Merits:

    • If the demurrer is granted, it is a judgment on the merits in favor of the defendant. The court, in effect, rules that the plaintiff’s evidence is insufficient to prove any cause of action.
    • A grant of demurrer disposes of the case in the trial court level without the defendant needing to present any evidence.

  2. Basis: Plaintiff’s Failure of Proof:

    • The court has found that, based solely on the plaintiff’s own evidence, the claim cannot be sustained.

  3. Remedy of the Plaintiff:

    • The remedy for the plaintiff (or the party whose claim is dismissed) is to file an appeal.
    • Since the demurrer was granted and it effectively ends the case, there is a final judgment from which the plaintiff can appeal.

  4. Res Judicata Effect:

    • If unappealed or if the grant of the demurrer is upheld on appeal, it bars another action on the same cause of action. This is because a judgment granting a demurrer to evidence is a judgment on the merits.

VI. STRATEGIC CONSIDERATIONS

  1. Risk of Foregoing Own Evidence:

    • In civil cases, because there is no requirement for leave of court (unlike in criminal cases), a defendant must carefully evaluate the strength of the plaintiff’s evidence.
    • A demurrer is effectively a “do-or-die” motion. If the court denies the demurrer, the defendant still may present evidence (this is a crucial difference from criminal procedure where, without leave, a denied demurrer forfeits the right to present evidence).
    • Hence, in civil cases, the main strategic risk is less severe compared to criminal cases, but the defendant’s counsel should still weigh the possibility that the court may see enough evidence to survive the demurrer.

  2. Saving Time and Expense:

    • If granted, a demurrer spares the defendant from having to spend time, effort, and money presenting evidence, preparing witnesses, etc.
    • It ends the litigation promptly at the trial court level.

  3. Appeal Implications:

    • If the demurrer is granted, the plaintiff will likely appeal. The appellate court will review whether the trial court was correct in holding that the plaintiff’s evidence was insufficient as a matter of law.
    • If the demurrer is denied, the issue is typically raised by the defendant on appeal after final judgment, if the ultimate judgment is adverse.

VII. ILLUSTRATIVE JURISPRUDENCE

While numerous Supreme Court decisions discuss demurrer to evidence, key rulings consistently emphasize:

  1. Prima Facie Case: The test for demurrer is whether, admitting the truth of plaintiff’s evidence, there is a prima facie case that warrants relief.
  2. Weighing Evidence Is Still Allowed: Courts are not precluded from weighing the credibility of the plaintiff’s evidence at this stage. If it is plainly weak, contradictory, or insufficient, the court may grant the demurrer.
  3. Denial Is Interlocutory: A denial is not immediately appealable—only a final judgment after the trial may be appealed.
  4. Grant Is Final: A grant of demurrer is a final judgment on the merits, subject to appeal by the plaintiff.

VIII. LEGAL FORMS: SAMPLE DEMURRER TO EVIDENCE (CIVIL)

While forms can vary, a basic demurrer contains:

  1. Title and Caption (Civil Case No., Court, Parties)
  2. Prefatory Statement (summarizing procedural posture: that plaintiff has rested)
  3. Grounds/Arguments:
    • Plaintiff failed to prove a particular essential element.
    • Evidence is insufficient or incompetent to warrant recovery.
    • The claim is unsupported by the documentary or testimonial evidence.
  4. Prayer (e.g., “Wherefore, premises considered, it is respectfully prayed that this Honorable Court grant the Demurrer to Evidence and dismiss the Complaint with prejudice.”)
  5. Signature and MCLE Compliance (for counsel).

IX. PRACTICAL POINTERS

  1. Pinpoint the Essential Elements: Before filing a demurrer, meticulously review each element of the cause of action and match it with the evidence adduced.
  2. Highlight Gaps: A strong demurrer zeroes in on missing or inadequate links in the plaintiff’s chain of evidence.
  3. No Need for Intricate Factual Analysis If a Legal Element Is Clearly Not Met: Sometimes one can argue “there is no competent proof of X,” making the demurrer straightforward.
  4. Be Comprehensive: Enumerate all potential grounds for demurrer (lack of evidence, incompetent testimony, contradictory evidence, etc.).
  5. Remedy: If denied, be ready with a well-prepared defense.

CONCLUSION

The demurrer to evidence under Rule 33 of the Philippine Rules of Court is a potent procedural device in civil litigation. It enables a defendant to challenge the sufficiency of the plaintiff’s evidence after the plaintiff has rested but before the defense presents its case.

  • If the demurrer is denied, the defendant must then proceed to present evidence. The denial is interlocutory and cannot be appealed at once.
  • If the demurrer is granted, it results in a final judgment on the merits—effectively dismissing the plaintiff’s suit for insufficiency of evidence. The plaintiff’s recourse is to appeal that dismissal.

Understanding when and how to file a demurrer, appreciating its strategic consequences, and recognizing the effect of its denial or grant are essential to effective civil litigation practice in the Philippines.

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

Demurrer to Evidence (RULE 33) | CIVIL PROCEDURE

Below is a comprehensive discussion of Demurrer to Evidence under Rule 33 of the 1997 Rules of Civil Procedure (as amended) in the Philippines, along with practical points, relevant jurisprudence, ethical considerations, and procedural nuances. This aims to be as meticulous and direct as possible—an overview befitting “the best lawyer in the Philippines.”

1. Definition and Purpose

A demurrer to evidence is a procedural device in civil litigation that allows the defendant (or any party against whom a claim is asserted) to challenge the sufficiency of the plaintiff’s (or claimant’s) evidence after the plaintiff has completed the presentation of his or her evidence but before the defendant presents any evidence. By filing a demurrer, the defendant, in effect, asks the court to rule on whether the plaintiff’s evidence is insufficient to prove the claim or cause of action.

Legal Basis: Rule 33 of the 1997 Rules of Civil Procedure (as amended).

Purpose:

  • To avoid unnecessary presentation of defense evidence if the plaintiff’s evidence is already insufficient as a matter of law.
  • To expedite the resolution of cases by preventing futile litigation where no prima facie case is established.

2. When to File

  • Timing: A demurrer to evidence is filed after the plaintiff has rested (i.e., completed the presentation of all its evidence).
  • At this juncture, the court declares the plaintiff’s evidence “closed,” and the defendant must move promptly—within the timeframe the rules or the court may impose—to file the demurrer.
  • In practice, courts often set a specific period (e.g., 10 or 15 days) from the date the plaintiff rests its case or from receipt of the formal offer of evidence.

3. Grounds for Demurrer to Evidence

A demurrer to evidence essentially alleges that plaintiff’s evidence is insufficient in law to prove the material allegations of the complaint. The grounds typically include:

  1. Failure to prove a prima facie case. If after assessing all the plaintiff’s evidence in the light most favorable to the plaintiff, the court still finds it wanting to prove the essential elements of the cause of action, the demurrer should be granted.
  2. Lack of competent evidence. The evidence presented is incompetent, immaterial, hearsay without exception, or otherwise inadmissible, leaving the cause of action unsubstantiated.
  3. Failure to prove damages or remedy. Even if there is evidence as to the fact of liability, the plaintiff’s failure to prove the damages or relief sought with a reasonable degree of certainty might lead to a successful demurrer with respect to that relief.

Key Note: In civil cases, the standard of proof is preponderance of evidence. If plaintiff’s proof does not meet that threshold (even at the prima facie level, i.e., enough to withstand a motion for dismissal), granting the demurrer is proper.

4. Procedure Under Rule 33

  1. Plaintiff Presents Evidence

    • The plaintiff (or claimant) formally offers and rests its case.

  2. Defendant Files Demurrer

    • The defendant files a demurrer to evidence in writing, setting forth the reasons why the evidence is insufficient.

  3. Leave of Court (Important Distinction)

    • With Leave of Court: If the defendant obtains leave of court to file the demurrer and it is denied, the defendant may still proceed to present its own evidence.
    • Without Leave of Court: If the defendant files a demurrer to evidence without first securing leave of court and the demurrer is denied, the defendant waives the right to present evidence. In effect, the case is deemed submitted for judgment on the plaintiff’s evidence alone. This is a strategic consideration.

  4. Court Ruling

    • The court then rules on the demurrer:
      • If granted, the complaint is dismissed on the merits (with prejudice).
      • If denied, the case proceeds; the defendant may present evidence only if it filed its demurrer with leave of court.

5. Effects of Court’s Ruling

A. If the Court Grants the Demurrer

  • Dismissal with Prejudice. The order granting the demurrer operates as an adjudication on the merits, akin to a judgment of dismissal.
  • Appeal. The plaintiff can appeal from the order of dismissal within the prescribed period (generally 15 days from receipt of notice of the order/judgment, or 30 days if a record on appeal is required).
  • Res Judicata. If the dismissal is affirmed on appeal (or no appeal is taken), the case is barred by res judicata.

B. If the Court Denies the Demurrer

  1. With Leave of Court:

    • The defendant is then allowed to present evidence. The trial resumes, and the defendant can attempt to refute plaintiff’s claims or prove affirmative defenses.

  2. Without Leave of Court:

    • The defendant loses the right to present evidence. The case is submitted for decision on the basis of plaintiff’s evidence alone. Often, this is highly risky unless defendant is extremely confident in the insufficiency of plaintiff’s case.

6. Demurrer to Evidence vs. Motion to Dismiss

  • A motion to dismiss (under Rule 16) is generally filed before the defendant files an answer, addressing grounds such as improper venue, lack of jurisdiction, etc.
  • A demurrer to evidence (under Rule 33) is filed after the plaintiff rests its case, challenging the sufficiency of plaintiff’s evidence to prove the cause of action.
  • Both result in dismissal if granted; however, the timing and legal grounds differ markedly.

7. Demurrer to Evidence vs. Motion for Judgment on the Pleadings or Summary Judgment

  1. Judgment on the Pleadings (Rule 34)

    • Based solely on the pleadings, where the answer does not tender an issue or admits material allegations of the complaint.

  2. Summary Judgment (Rule 35)

    • Filed when there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.
    • Typically resolved without a full-blown trial, but based on affidavits, depositions, admissions, etc.

  3. Demurrer to Evidence (Rule 33)

    • Filed after the plaintiff’s presentation of evidence in a full trial on the merits, testing the sufficiency (or insufficiency) of that evidence.

8. Demurrer to Evidence in Criminal Cases vs. Civil Cases

While the user specifically asked about civil procedure, it is worth briefly distinguishing:

  • Demurrer to Evidence in Criminal Cases is governed by Rule 119, Section 23 of the Rules of Criminal Procedure.
  • In criminal cases, a demurrer to evidence may be filed if the prosecution’s evidence is insufficient to support a verdict of guilt. If the demurrer is granted, it is tantamount to an acquittal (which cannot be appealed by the prosecution due to double jeopardy constraints).
  • In civil cases, if the demurrer is granted, it is an adjudication on the merits in favor of the defendant; however, the plaintiff may appeal.

9. Tactical and Strategic Considerations

  1. With vs. Without Leave of Court

    • Generally, prudent counsel secures leave of court to preserve the chance to present defense evidence if the demurrer is denied.
    • Filing without leave is only advisable if one is extremely confident that the plaintiff’s evidence does not meet the required threshold.

  2. Risk Management

    • If the demurrer is denied and no leave was secured, the defendant forfeits the chance to present evidence, significantly reducing the chance to defend.
    • If the demurrer is granted, it leads to an outright dismissal in favor of defendant.

  3. Costs and Efficiency

    • A successful demurrer saves time and expense by avoiding the entire defense presentation.
    • A denied demurrer without leave of court can result in a near-certain adverse judgment and an appeal, prolonging the litigation and potentially increasing costs.

10. Relevant Jurisprudence

  1. Ortigas & Company Limited Partnership vs. Herrera, G.R. No. 109645 (September 1, 1994)

    • Clarifies that in resolving a demurrer, the court must consider the evidence of the plaintiff in the light most favorable to him and if it still fails to establish a prima facie case, the demurrer should be granted.

  2. Heirs of Domingo Hernandez, Sr. vs. Mingoa, G.R. No. 140954 (May 3, 2006)

    • Emphasizes that once the defendant presents evidence after denial of demurrer to evidence (with leave), any error in the denial of the demurrer is deemed cured by the defendant’s subsequent presentation of evidence.

  3. Meliton vs. CA, G.R. No. L-43954 (September 15, 1987)

    • An older case highlighting the concept that if the evidence of the plaintiff is insufficient, the defendant need not even present evidence.

  4. Peregrina vs. Panis, G.R. No. 206728 (January 21, 2015)

    • A relatively recent reaffirmation that a demurrer to evidence in a civil case is not a matter of right and that leave of court is crucial if the defendant desires to preserve the right to present evidence.

11. Ethical Considerations

  1. Candor to the Court: A lawyer must file a demurrer based on genuine insufficiency of evidence, not for delay.
  2. Diligence and Competence: Counsel should thoroughly assess the plaintiff’s evidence before filing, ensuring the arguments are well-grounded in fact and law.
  3. Avoiding Frivolous Pleadings: The Code of Professional Responsibility prohibits filing baseless motions; thus, a demurrer must have a valid basis in law and fact.

12. Sample Outline of a Demurrer to Evidence (Legal Form)

Below is a simplified schematic form. Specific formalities and exact phrasing may vary depending on local practice and the judge’s preferences, but the essential components are:

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch Number], [City/Province]

[Case Title: Plaintiff vs. Defendant]
[Case No.: _______]

x-------------------------------------x

DEMURRER TO EVIDENCE

Defendant [Name], through counsel, and unto this Honorable Court, respectfully states:

1. That Plaintiff has rested its case, and all evidence for Plaintiff has been admitted subject to the Court’s rulings.

2. That upon a careful examination, Plaintiff’s evidence fails to establish a prima facie case against Defendant for the following reasons:

   (a) [Discussion of insufficiency – e.g., elements of the cause of action not proved];
   (b) [Any contradictions or inadmissible portions of the evidence];
   (c) [Case law / statutes supporting the insufficiency];

3. That in light of the foregoing, the evidence adduced by the Plaintiff is insufficient to warrant a finding of liability against Defendant, and there is no need for Defendant to present evidence in rebuttal.

4. [If with leave of court, explicitly pray for leave and preserve the right to present evidence if denied].

WHEREFORE, premises considered, it is respectfully prayed that this Honorable Court:

1. Grant this Demurrer to Evidence;
2. Dismiss the Complaint with prejudice; and
3. Grant such other and further relief as may be just and equitable.

RESPECTFULLY SUBMITTED.

[Date, Place]

[Signature of Counsel]
[Name of Counsel]
[IBP No., Roll No., MCLE Compliance, etc.]

Note: If you intend to file it with leave of court, you typically file a “Motion for Leave to File Demurrer to Evidence” first. If leave is granted, then you attach or file the “Demurrer to Evidence” proper within the period provided by the court.

13. Conclusion

A demurrer to evidence under Rule 33 of the 1997 Rules of Civil Procedure (as amended) is a powerful tool in Philippine civil litigation. It enables the defendant to seek a dismissal of the case if the plaintiff has failed to make out a prima facie case. The key points to remember include:

  • Proper Timing: Filed after the plaintiff rests.
  • Ground: Plaintiff’s evidence is insufficient as a matter of law.
  • With or Without Leave of Court: A strategic choice affecting the defendant’s ability to present evidence if the demurrer is denied.
  • Effect if Granted: Dismissal of the complaint with prejudice, subject to appeal by the plaintiff.
  • Effect if Denied: If with leave, the defendant may proceed with evidence; if without leave, the defendant waives the right to present evidence.

Handled correctly, a demurrer to evidence can bring an early, favorable end to litigation. Handled incorrectly, it can deprive a defendant of the opportunity to present a defense. The best practice is to meticulously analyze the sufficiency of plaintiff’s evidence, understand the legal standards and jurisprudence, and consider the significant strategic ramifications of the choice to file with or without leave of court.

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

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