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Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

What happens to the defendant’s right to present evidence if a civil demurrer is granted but the dismissal is reversed on appeal?
  1. It is automatically restored for an entirely new trial
  2. It depends solely on whether the defendant is wealthy
  3. It is deemed waived under Rule 33
  4. It transfers to the plaintiff’s lawyer
  5. The appeal must be dismissed merely because a demurrer was filed

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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