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Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

In an ordinary civil case, the defendant files a Rule 33 demurrer without first obtaining leave. The court denies it. The plaintiff claims lack of prior leave alone automatically forfeited defense evidence. Which is correct under the civil rule?
  1. The civil rule makes every denied demurrer an automatic forfeiture
  2. The criminal leave distinction must always replace the civil text
  3. Only the plaintiff may decide whether the defendant presents evidence
  4. Rule 33 preserves defense evidence after denial and does not impose the asserted prior-leave condition
  5. The defendant automatically wins because leave was omitted

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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