Rule 33 – Demurrer to Evidence
E1014398
Rule 33 – Demurrer to Evidence is a procedural rule in Philippine civil litigation that allows a defendant to seek the dismissal of a case on the ground that the plaintiff’s evidence is insufficient to warrant a judgment in their favor.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Rule on demurrer to evidence | 1 |
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
Philippine civil procedure rule
ⓘ
procedural rule ⓘ rule of court ⓘ |
| aimsTo |
prevent unnecessary trials
ⓘ
promote judicial economy ⓘ |
| appliesTo |
civil actions
ⓘ
trial courts in civil cases ⓘ |
| assumes | truth of plaintiff’s evidence for purposes of the motion ⓘ |
| basisForRuling | plaintiff’s evidence on record ⓘ |
| burdenOfProof | remains with plaintiff to establish cause of action ⓘ |
| characteristic | summary resolution of case based on plaintiff’s evidence alone ⓘ |
| consequenceOfFilingWithoutLeave | waiver of right to present evidence if demurrer is denied ⓘ |
| distinguishedFrom |
Rule 16 motion to dismiss based on preliminary objections
ⓘ
Rule 35 summary judgments ⓘ |
| doesNotAddress | credibility of defense evidence ⓘ |
| effectIfDenied |
case proceeds to trial on the merits
ⓘ
defendant may present evidence ⓘ |
| effectIfGranted |
dismissal of the complaint
ⓘ
judgment on the merits in favor of the defendant ⓘ |
| filedAs | motion ⓘ |
| focusesOn | evidence actually presented by plaintiff ⓘ |
| governs | demurrer to evidence in civil cases ⓘ |
| ground | insufficiency of plaintiff’s evidence ⓘ |
| jurisdiction | Philippines NERFINISHED ⓘ |
| legalConsequenceOfErrorInGrant | possible reversal on appeal ⓘ |
| legalEffectOfGrant | adjudication on the merits subject to appeal ⓘ |
| legalRemedyFor | defendant who believes plaintiff failed to prove cause of action ⓘ |
| legalSystem | Philippine civil litigation NERFINISHED ⓘ |
| nature |
motion to dismiss based on evidence
ⓘ
remedy on the merits ⓘ |
| objective | avoid unnecessary presentation of defense evidence when plaintiff’s case is weak ⓘ |
| partyWhoMayFile | defendant ⓘ |
| protects | defendant from being compelled to present evidence when no prima facie case exists ⓘ |
| purpose |
to seek dismissal of the case
ⓘ
to test sufficiency of plaintiff’s evidence ⓘ |
| relatedConcept |
directed verdict
ⓘ
judgment on the pleadings ⓘ motion to dismiss ⓘ |
| requires |
evaluation of plaintiff’s evidence in the light most favorable to plaintiff
ⓘ
hearing or opportunity to be heard on the motion ⓘ leave of court if defendant has already presented evidence ⓘ notice to the adverse party ⓘ |
| scope | questions of sufficiency of evidence, not purely legal issues ⓘ |
| source | Rules of Court of the Philippines NERFINISHED ⓘ |
| stageOfProceedings | after plaintiff has completed presentation of evidence ⓘ |
| standard | whether plaintiff’s evidence is sufficient to make out a prima facie case ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Rule on demurrer to evidence