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?
- It is automatically restored for an entirely new trial
- It depends solely on whether the defendant is wealthy
- It is deemed waived under Rule 33
- It transfers to the plaintiff’s lawyer
- 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.
Answer this question in flashcards to review your response and continue practicing.