Practice question
A demurrer ends the entire civil action by dismissal. The plaintiff successfully appeals and obtains reversal on the existing record. The defendant demands remand solely to present witnesses never offered because the demurrer was granted. Which is correct?
- A remand for defense evidence is mandatory after every reversal
- The defendant’s waived evidence right is revived automatically
- Rule 33 deems defense evidence waived, and the appellate court should resolve the merits on the proper existing record rather than remand solely to receive that evidence
- The plaintiff must refile the identical case from the beginning
- The reversal is void unless the defendant consents
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 33 sections 1–2, denial, granted dismissal reversed on appeal, and express pre-judgment review bar; Rule 15 applies to the motion.
- https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html — International Exchange Bank v. Co Lee, G.R. No. 243163, July 4, 2022, main decision on full dismissal, reversal, and the qualified Rule 65 route where a grant leaves the main case pending.
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