Practice question
Does denial of the civil demurrer necessarily mean the defendant’s witnesses have already been heard and disbelieved?
- Yes; a ruling on plaintiff’s completed proof automatically hears every future witness.
- Yes; the court must invent all defense testimony.
- No.
- Yes; denial is necessarily an execution writ.
- Yes; every possible defense is already adjudicated on evidence never offered.
Legal references
- Santos Ventura Hocorma Foundation, Inc. v. Mabalacat Institute, Inc., G.R. No. 267084, July 9, 2025, main decision, merits-based civil demurrer and record considered: https://lawphil.net/judjuris/juri2025/jul2025/gr_267084_2025.html
- 2019 Amendments to Civil Procedure, Rules 23-34, particularly the current provisions cited in each explanation: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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