Practice question
The trial court denies a demurrer in a current ordinary civil action. Before judgment, the defendant immediately files certiorari merely to challenge the denial. No extraordinary constitutional question beyond the ordinary rule is posed. What does Rule 33 section 2 expressly provide?
- Every denial must be separately appealed at once
- The denial is not subject to appeal or certiorari, prohibition or mandamus before judgment
- A demurrer denial automatically suspends all proceedings
- The defendant can no longer present evidence
- The plaintiff’s claim is automatically final and executory
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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