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Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

If a civil demurrer is denied, what right does Rule 33 section 1 preserve?
  1. The right to present defense evidence
  2. An automatic dismissal of the complaint
  3. A right to conceal all evidence permanently
  4. Automatic acquittal in a criminal case
  5. A right to judgment without any legal basis

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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