CIVIL PROCEDURE | RULE 33. DEMURRER TO EVIDENCE

Demurrer to Evidence Defined:

It is a motion to dismiss filed by the defendant after the plaintiff has rested his case, or has completed the presentation of his evidence.

A demurrer is filed upon the initiative of the defendant on the ground that upon the facts and the law, the plaintiff has shown no right to relief. 

Action on Demurrer to Evidence

According to the Revised Rules of Civil Procedure, a demurrer to evidence is subject to the provisions of Rule 15 governing Motions.

Under Rule 15, a litigious motion, like a demurrer to evidence shall be opposed by the plaintiff within 5 calendar days from his receipt and the motion itself shall be resolved by the court within 15 days from the receipt of the opposition or upon expiration of the period to file such opposition. Since a demurrer is a litigious motion, the court may, in its discretion and if deemed necessary for its resolution, call for a hearing.

Effects of Granting or Denying Demurrer to Evidence 

(Civil Case vs. Criminal Case)

In Civil Cases, the case is dismissed if the defendant's demurrer to evidence is granted. However, if on appeal the order of dismissal is reversed by the appellate court, the defendant shall be deemed to have waived his right to present evidence. 

In effect, the appellate court will render judgment on the basis of the evidence presented by the plaintiff alone.

However, if the demurrer is denied, the defendant still has the right to present evidence.

Take note that, the denial of demurrer is not appealable, nor petitions for certiorari, prohibition, or mandamus applicable before the judgment of the case.

In Criminal Cases, if the filing of the demurrer is without leave of court or the leave is denied by the court, the denial of such demurrer will result in the waiver of the accused to adduce evidence on his behalf. 

On the other hand, the accused must be acquitted if the demurrer to evidence is granted.

Take note that, the acquittal of the accused is not appealable.

Questions to Consider: 

1. Is it proper for the Appellate Court who reversed the trial court's dismissal order to remand the case to the latter for further proceeding?

No, the Appellate Court had enough evidence on record to decide the case. Furthermore, the defendant is deemed to have waived the right to present evidence. Thus, the Appellate Court shall render judgment based on the evidence presented by the plaintiff.

2.  When is the filing of a Demurrer to Evidence?

Being a Motion to Dismiss, Demurrer must be filed before the court renders its judgment.