Practice question
The court grants a demurrer only for some defendants, leaving the main civil case pending against others. The aggrieved plaintiff alleges a qualifying grave abuse and shows that no appeal or other plain, speedy and adequate remedy is available. Which is consistent with International Exchange Bank?
- Every grant of any demurrer is necessarily an immediately appealable final disposition of the whole action
- Rule 33’s denial bar automatically bars all challenges to every granted demurrer
- The remaining defendants are automatically liable
- A qualified Rule 65 remedy may be available where the grant leaves the main case pending, if its requirements are satisfied
- The plaintiff is automatically entitled to a writ without proving grave abuse
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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