Rule 33 Demurrer to Evidence

1. Demurrer to Evidence; Concept; Rationale of the Rule

Demurrer to Evidence
- Instead of presenting his evidence, the defendant may move for dismissal
of the the case on the ground that, upon the facts and the law, the
plaintiff has shown no righto relief.
Rationale:
-

The defendant may sincerely feel that the plaintiff has not lived up to his
burden of proving the material allegations of his claim and is therefore,
not entitled to the relief sought for his complaint.

2. Ground
- The defendant may move for dismissal of the the case on the ground that,
upon the facts and the law, the plaintiff has shown no righto relief.
3. Demurrer is motion to dismiss
DTE (rule 33)
Made after the plaintiff rest its
case
Only one ground
When denied, presentation of
evidence

MTD (rule 16)

Made before filing an answer
Several grounds
When denied, filing of responsive
pleading

4. Effect of denial
- The defendant shall have the right to present evidence;
- Interlocutory therefore not appealable
- Subject of Petition for certiorari in case of GADLEJ
5. Effect of grant
- The case shall be dismissed
- It abbreviates the judicial proceedings, it being an instrument for the
expeditious termination of an action.
- If on appeal, the order was reversed, the defendant loses his right to
present evidence
- In appeal, the CA should not remand the case but rather to render
judgment on the basis of evidence submitted by the plaintiff;
6. Waiver of right to present evidence

7. DTE in Civil vs DTE in Criminal

DTE Civil case
Leave of court is not required
before filing DTE
If granted, the order is
appealable
If denied, proceed to present
evidence

The court cannot make its own

demurrer

DTE Criminal Case

DTE is filed with or without LOC
If granted, order is not appealable
because of the constitutional
policy against double jeopardy
If denied,
(1) With LOC, the accused may
present evidence;
(2) w/o LOC, he cannot present
evidence
The court may do so (sec 23, rule
119)

Rule 34 Judgment on the Pleading

1. Judgments and Final Orders
- Synonymous,
- Judgment is the final ruling by a court of competent jurisdiction
regarding the rights or other matters submitted to it in action or
proceeding
- It is the courts final and official consideration and determination of the
respective rights and obligations
2. Grounds for judgment on the pleadings
1. The answer fails to tender an issue, or
2. Otherwise admits the allegations of the adverse partys pleadin
However, actions for declaration of nullity or annulment of marriage or
legal separation, the material facts alleged in the complaint shall
ALWAYS BE PROVED.
3. Movant deemed to admit truth of allegations of the adverse party
- If the answer fails to tender an issue, if it does not comply with the
requirements of a specific denial under section 8 and 10 of rule 8,
resulting to the admission of the material allegations of the adverse
partys allegations.
4. Under the rules, material allegations of the complaint not specifically
denied are deemed admitted (sec. 11, rule 8)
5. Motion required to be filed by the appropriate party (sec 1, rule 34)
6. Cases where judgment on the pleadings will NOT apply

1. actions for declaration of nullity or

2. annulment of marriage or
3. legal separation
Rule 35 Summary Judgments (SJ)
1. concept of SJ; object of SJ
-

A procedural device resorted to in order to avoid long drawn out litigations and
useless delays where the pleadings on the file show that there are no genuine
issues of fact to be tried.

Also called accelerated judgment, is proper when, upon motion filed after
the issues had been joined and on the basis of the pleadings and papers
filed, the court finds that there is NO GENUINE ISSUE as to any material
fact EXCEPT AS TO THE AMOUNT OF DAMAGES

OBJECT:
- GENUINE FACTUAL ISSUE - is such issue of fact which require presentation of
evidence as distinguished from sham, fictitious, contrived or false claim.

2. SJ when rendered; basis of summary judgment

- What triggers a SJ is the ABSENCE OF A GENUINE FACTUAL ISSUE
3. Distinguish

Summary Judgment (SJ)

1. The answer does not
tender an issue
2. Basis is the pleadings
alone
3. Three day notice of
hearing
4. Entire case is terminated
5. Only the plaintiff or the
defendants as far as the
counterclaim, cross-claim
or third-party complaint is
concerned can file the
same
6. If filed by the plaintiff, the
same must be made after
the pleading in answer to
the claim, counterclaim,
cross claim, and
declaratory relief has been
served. If by the
defendant, it may be filed

Judgment on the Pleadings

(JP)
1. There is an issue tendered
in the answer, but it is not
genuine or real issue.
2. The basis are pleadings,
affidavits, depositions and
admissions
3. Ten day notice rule
4. May be terminated
Partially
5. Either plaintiff or
defendant may file the
same
6. After filing of an answer
by the adverse party

Motion to Dismiss (MTD)

any time

4.
5.
6. SJ for Claimant
-

When the claimant may move for summary judgment? After the pleading
in answer to the claim, counter-claim, cross claim, and declaratory relief has been
served.
The claimant may either seeking to recover:
a) A claim
b) Counterclaim
c) Cross-claim
d) To obtain declaratory relief

The motion must be supported with affidavits, depositions or admissions for

summary judgment.

7. SJ for Defendant
-

A defendant against whom the claims are asserted may any time move for
summary judgment

8. Motions and proceedings thereon; meaning of genuine issue; what is a

genuine issue of fact; burden of proving grounds for SJ
Requirements for summary judgment
a) Motion shall be served at least 10 days before the time specified for the hearing
b) The adverse party may serve opposing affidavits, deposition or admissions at
least 3 days before the hearing.
c) After the hearing, the judgment sought shall be rendered forthwith if the
pleadings, supporting affidavits, depositions on file, show that there is no genuine
issue as to any material fact and that the moving party is entitled to a judgment
as a matter of law.
Except as to the amount of damages.

9. Failure to deny actionable document

10.When the case not fully adjudicated
When the case not fully adjudicated
- If the judgment cannot be rendered on the whole case the court shall
1. Ascertain what material facts exist without substantial controversy and what
are actually and in good faith controverted
2. It shall thereupon make an order specifying the facts that appear without
substantial controversy, including the extent to which