Practice question
The plaintiff produces no evidence of an essential merits element. The defendant’s demurrer identifies that omission. Must the court deny the motion solely because the defendant has not yet offered contrary proof?
- Yes; a defendant must always disprove a case before seeking demurrer relief.
- Yes; every complaint automatically shifts all proof burdens.
- Yes; missing plaintiff evidence must be supplied by assumption.
- No; absence of a required plaintiff element may justify granting the demurrer.
- Yes; the motion is unavailable unless a defense witness testifies first.
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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