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.

All labels observed (2)

How this entity was disambiguated

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 ⓘ
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 ⓘ
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 ⓘ
stageOfProceedings after plaintiff has completed presentation of evidence ⓘ
standard whether plaintiff’s evidence is sufficient to make out a prima facie case ⓘ

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Rules of Court of the Philippines → contains → Rule 33 – Demurrer to Evidence ⓘ
Revised Rules of Civil Procedure → includes → Rule on demurrer to evidence ⓘ
linked to: Rule 33 – Demurrer to Evidence
Rule 32 – Trial by Commissioner → relatedTo → Rule 33 – Demurrer to Evidence ⓘ