Practice question
Does granting a civil demurrer ordinarily authorize disposition on the merits of the plaintiff’s completed proof?
- Yes.
- No; it is always only a clerical scheduling act.
- No; it can never dismiss the complaint.
- No; it necessarily proves the defendant’s unrelated claims.
- No; the court cannot consider whether any material element was established.
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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