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ang pagkatao.

✅ Discuss the difference between a demurrer to evidence in civil cases and

a demurrer to evidence in criminal cases. Explain fully.
● DIRECT ANSWER: A demurrer to evidence is an optional remedy for the
defendant, its function is like a motion to dismiss or objection on the ground
of insufficiency of evidence provided by the plaintiff.
● LEGAL BASIS: In other words, pursuant to Rule 33 of the Rules of Court, it
is a defense asserting that even if all the factual allegations in a complaint
are proven to be legitimate, they are inadequate to establish a valid cause of
action.
● DISTINCTIONS: The distinctions of a demurrer to evidence between civil
cases and in criminal cases may be primarily determined on its effects
whether if it is granted or if it is denied.

If it is granted in a civil case, the case will be dismissed but the plaintiff can
file an appeal for its dismissal. However, if it is granted in a criminal case, the
order of dismissal is not appealable because it will be tantamount to double
jeopardy.

If it is denied in a civil case, the defendant may proceed to present his or her
evidence. If it is denied in a criminal case, the accused must file its demurrer
to evidence with a leave of court or permission in order to validly provide.

✅ ABC filed a complaint against DEF. Summons was served on and received
by DEF on March 15, 2022, giving him thirty (30) days from receipt
thereof, or until April 14, 2022, for him to file his Answer. However, DEF
filed his Answer on April 18, 2022. ABC objected to the admission of the
Answer claiming that the Answer was filed late. He also asked the court to
declare DEF in default. QUESTIONS:

(1) Taking into consideration the dates given in the present case, was the
Answer of DEF filed on time?
● DIRECT ANSWER: YES. Although DEF filed and submitted its Answer on
April 18, 2022, it was still according to schedule and without delay by
law—even if it was beyond from its expected, reglementary period of 30 days
to file.

(2) Should DEF be declared in default? Why or why not?

● DIRECT ANSWER WITH LEGAL BASIS: NO. To further illustrate, April 14,
2022 was the expected due date for DEF to file and submit an Answer but it
is actually a nationwide, regular holiday which was Maundy Thursday. April
15, 2022 was also a nationwide, regular holiday which was Good Friday. April
16, 2022 was a special, non-working holiday which was Black Saturday.
Lastly, April 17, 2022 was Easter Sunday, a public holiday. Rule 22 of the
 Rules on Civil Procedure provides that if the last day of the period falls on a
legal holiday in the place where the court is situated, the time shall not run
until the next working day. Therefore, DEF must not be declared in default
because April 18, 2022 was the only due date where it may validly file and

✅ submit its answer.

”A" filed a complaint against "B" at the Municipal Trial Court (MTC) in
Calumpit, Bulacan. After the presentation of witnesses and evidence by
both parties, the court rendered a decision in favor of A. QUESTIONS: (1)
What remedy is available to B in connection with the decision of the MTC?
What mode of appeal can he take in order to elevate the decision to the
Regional Trial Court
DIRECT ANSWER WITH LEGAL BASIS: In order for B to have it elevated in the
Regional Trial Court, it may avail the remedy to file a notice of appeal within (15)
days from receipt of judgment in accordance with Rule 40 of the Rules of Court.

(2) Let us suppose that B lost his appeal to the RTC, what mode of appeal
is available to B in order to elevate the decision to the Court of Appeals?
DIRECT ANSWER WITH LEGAL BASIS: Under Rule 42 of the Rules of Court, a
party desiring to appeal from a decision of the Regional Trial Court adjudicated in
the exercise of its appellate jurisdiction may file a petition for review with the Court
of Appeals. Therefore, B may avail the remedy of a petition for review within 15
days from notice of the decision.

(3) Assume again that B does not obtain a favorable decision from the CA,
what mode of appeal can he take and to which court should he now make
an appeal? In answering Questions 1 to 3, please indicate the period of
time within which B should make his appeal.
DIRECT ANSWER WITH LEGAL BASIS: Generally, a party planning to seek an
appeal from a judgment by the Court of Appeals, it may file with the Supreme Court
a petition for review on certiorari. Therefore, B may file a petition for review on
certiorari with the Supreme Court within 15 days from notice of the judgment in
accordance with Rule 45 of the Rules of Court.

✅Define Judgment
● DIRECT ANSWER: Generally, a judgment pertains to a rendered decision of
a judicial court adjudicating the rights of the parties—plaintiff and the
defendant—brought by a legal cause of action. It must be in writing which
states distinctly the facts, what dispute to settle and the law on which it is
based upon.
● LEGAL BASIS: In accordance with Rule 39 of the Rules of Court, if a court
decision or judgment has reached its finality, it becomes "immutable and
unalterable." Additionally, for a court order or judgment to be considered
valid, there must be (1) a court legally-organized to exercise its judicial
authority and (2) legally-constituted judge or judges, either de jure or de
facto, to operate and sign its conclusiveness.
✅ What are the post-judgment remedies provided for under the Rules of
Court
● DIRECT ANSWER: Post-judgment remedies are legal actions that a losing
party may avail before or after a court judgment becomes final or executory.
For remedies before a judgment becomes final or executory, these may be
filed fifteen (15) days from receipt of the judgment:

(1) For the Motion for new trial in accordance with Rule 37 of the Rules of
Court, it may be filed by virtue of an affidavit of merits indicating there was
either extrinsic fraud, accident, mistake of fact, excusable negligence, or
newly discovered evidence that was not available during the trial although
due diligence was practiced.

(2) For the Motion for reconsideration in accordance with Rule 52 of the Rules
of Court, it may be filed if it is convinced that the court committed an error in
rendering the decision whereas it will reverse and set aside its previous
decision. Additionally, it may be filed in circumstances where the damages
awarded are excessive, the evidence is insufficient to justify the decision or
final order, or the decision or final order is contrary to law.

(3) Generally, an Appeal under Rules 40-45 of the Rules of Court is a remedy
to obtain reversal or modification of judgment on the merits of the case—for
example, if its erroneous judgment was attributed by a court's lack of
jurisdiction over the subject matter or in excess—and its mode depends on
what jurisdiction it may be filed upon as it may either be an ordinary appeal,
a petition for review or an appeal by certiorari.

✅ P filed a complaint against R in the Regional Trial Court of Bulacan. After

the service of Summons in the person of R, he failed to file his Answer
within the prescriptive 30-day period. QUESTIONS: (1) What remedy is
available to P on account of the failure of R to file his Answer after the
lapse of thirty (30) days from service of Summons?
● DIRECT ANSWER WITH LEGAL BASIS: In accordance with Rule 9 of Rules
of Court, P may avail the remedy by (1) declaring in default upon motion or a
default order; (2) a notice to to the defending party which is R in order to be
notified; (3) and substantial evidence of R's failure to file an answer to the
complaint within the prescribed period.

(2) If the remedy is granted, what would be its effects for P and R?
● DIRECT ANSWER WITH LEGAL BASIS: Generally, if a party is to be
declared in default, it shall not take part in the trial but may still receive
notice of subsequent judicial proceedings according to Rule 9 of Rules of
Court. R would consequently be bereaved of its legal standing as the court
shall proceed in rendering a decision unless otherwise ordered to submit
further evidence.
(3) Let us suppose that the Bulacan RTC granted the remedy availed of by
P, is there any remedy that R may avail of?
● DIRECT ANSWER WITH LEGAL BASIS: Rule 9 of the Rules of Court also
provided a remedy or relief in which R may avail through filing a motion to
set aside the order of default. However, R technically has the burden to prove
in its defense that its failure to file an answer on time was either because of
fraud, accident, mistake of excusable negligence in order for it to be granted
by the court.