Practice question
An RTC grants a demurrer to evidence only for some defendants while the main civil case continues against others. No separate appeal is allowed. The plaintiff alleges grave abuse and considers Rule65. Which analysis accords with Rule41 and International Exchange Bank v Lee?
- Every grant of demurrer necessarily ends the entire case.
- The continuing main case makes the separate disposition subject to Rule41's limitation; Rule65 may be considered upon the required showing of grave abuse and other requisites.
- Any demurrer ruling may be appealed immediately without qualification.
- The plaintiff must accept the order because no legal remedy can exist.
- The plaintiff may obtain certiorari merely by preferring it.
Legal references
- https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
- https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html — International Exchange Bank v Lee, GR243163, July4 2022, main decision.
Answer this question in flashcards to review your response and continue practicing.