Practice question
A trial court grants a civil demurrer as to all claims and all defendants, fully ending the case. The plaintiff claims any alleged legal error must instead be taken by certiorari because the order is called a demurrer ruling. Which International Exchange Bank distinction matters?
- Complete case termination generally makes appeal the proper remedy, unlike the special partial-disposition situation
- Every demurrer ruling is nonappealable
- Only the title of the motion matters
- Complete dismissal never affects review
- Certiorari automatically replaces every appeal
Legal references
- Philippine Primark v CBC-TAMG GR263887 August19,2024 MAIN, current Rule41 Section1 and Rule15 Section13: https://lawphil.net/judjuris/juri2024/aug2024/gr_263887_2024.html
- International Exchange Bank v Lee GR243163 July4,2022 MAIN complete civil demurrer: https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html
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