Philippine Bar review · Question

Practice question: Effect of Denial, Grant, and Reversal on Appeal

Multiple Choice Easy

Practice question

At what point does Rule 33 authorize the defendant’s civil demurrer to evidence?
  1. Before the complaint is filed
  2. After the plaintiff completes presentation of evidence
  3. Only after the defendant completes all evidence
  4. Only after final execution
  5. At any time without regard to the evidentiary stage

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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