Demurrer to Evidence in Civil Cases

Section 1. Demurrer to evidence. After the plaintiff has

completed the presentation of his 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 his motion
is denied he shall have the right to present evidence. If the
motion is granted but on appeal the order of dismissal is
reversed he shall be deemed to have waived the right to
present evidence. (Rule 33, Rules of Court)

******
What is a demurrer to evidence?

A demurrer to evidence is a motion to dismiss on the ground of

insufficiency of evidence and is presented after plaintiff rests his case.

It is defined as "an objection or exception by one of the parties in an

action at law, to the effect that the evidence which his adversary
produced is insufficient in point of law (whether true or not) to make
out his case or sustain the issue." The demurrer challenges the
sufficiency of the plaintiffs evidence to sustain a verdict. In passing
upon the sufficiency of the evidence raised in a demurrer, the court is
merely required to ascertain whether there is competent or sufficient
proof to sustain the indictment or to support a verdict of guilt. (Heirs
of Pedro Pasag, et al. vs. Sps. Parocha, G.R. No. 155483, April 27, 2007

What is the ground for demurrer to evidence in civil case?

The only ground for demurrer to evidence is that the plaintiff has
shown no right to relief.

When can a demurrer to evidence be filed?

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)

Is leave of court necessary to file a demurrer to evidence in civil cases?

In civil cases, there's no need for leave of court.

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)
 If the demurrer is denied, can the defendant file a motion
for reconsideration?

Yes.

If the motion for reconsideration is denied, can defendant

appeal the denial of the demurrer? Can he file a petition for
certiorari?

An order denying a demurrer to evidence is interlocutory

and is therefore, not appealable. It can however be the
subject of a petition for certiorari under Rule 65 in case of
grave abuse of discretion or an oppressive exercise of
judicial authority.

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?

Defendant cannot present his evidence, because by

electing to file a demurrer to evidence, he, in effect,
submitted the case for decision solely on the basis of the
evidence of the plaintiff.

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).

In a civil case, can a court render a demurrer to evidence motu

proprio?
No.

Demurrer to evidence vs. motion to dismiss

1. WHEN TO FILE. A motion to dismiss is filed before a responsive

pleading is made by the defendant. A demurrer to evidence is filed
after plaintiff has rested its case.

2. GROUNDS. Motion to dismiss is grounded on preliminary objections

enumerated under Rule 16. Demurrer to evidence is based on
insufficiency of evidence.

Demurrer to evidence in civil vs. criminal cases

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.

2. EFFECT IF GRANTED. In a civil case, if the demurrer is granted the

order of dismissal is appealable. In a criminal case, if the demurrer is
granted, the order of dismissal is not appealable because it will
constitute double jeopardy.

3. EFFECT IF DENIED. In a civil case, if a demurrer is denied, the

defendant may proceed to present his evidence. In a criminal case, if
the demurrer is denied, the accused may adduce his evidence only if
the demurrer is field with leave of court.

4. MOTU PROPRIO. In a civil case, the court cannot render a demurrer

to evidence motu proprio. In a criminal case, the court can render a
demurrer to evidence on its own initiative after giving the
prosecution the opportunity to be heard.

Cases:

The provision of the Rules governing demurrer to evidence does not

apply to an election case (Gementiza vs. COMELEC, 353 SCRA 724).