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    Gilssie Ecaldre
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    Under the Rules of Court, if a defendant's demurrer to evidence is granted and the case dismissed, and the plaintiff appeals and the appellate court reverses the dismissal, the plaintiff can present evidence after the case is remanded. In this case, the defendant filed a demurrer to evidence that was granted, dismissing the case. If the plaintiff appeals and the dismissal is reversed, the plaintiff can present evidence. Additionally, a final judgment can be enforced through a writ of execution within 5 years, or through an independent action before the 10 year statute of limitations expires. However, in this case Thompson did not seek enforcement through a writ of execution within 5 years of the judgment and cannot now enforce it through an independent action

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    Under the Rules of Court, if a defendant's demurrer to evidence is granted and the case dismissed, and the plaintiff appeals and the appellate court reverses the dismissal, the plaintiff can present evidence after the case is remanded. In this case, the defendant filed a demurrer to evidence that was granted, dismissing the case. If the plaintiff appeals and the dismissal is reversed, the plaintiff can present evidence. Additionally, a final judgment can be enforced through a writ of execution within 5 years, or through an independent action before the 10 year statute of limitations expires. However, in this case Thompson did not seek enforcement through a writ of execution within 5 years of the judgment and cannot now enforce it through an independent action

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    7 views1 page

    Rule 30 Sample Cases

    Uploaded by

    Gilssie Ecaldre
    Under the Rules of Court, if a defendant's demurrer to evidence is granted and the case dismissed, and the plaintiff appeals and the appellate court reverses the dismissal, the plaintiff can present evidence after the case is remanded. In this case, the defendant filed a demurrer to evidence that was granted, dismissing the case. If the plaintiff appeals and the dismissal is reversed, the plaintiff can present evidence. Additionally, a final judgment can be enforced through a writ of execution within 5 years, or through an independent action before the 10 year statute of limitations expires. However, in this case Thompson did not seek enforcement through a writ of execution within 5 years of the judgment and cannot now enforce it through an independent action

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    © All Rights Reserved
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    of 1

    1.

    2.

    3. Yes. The plaintiff can present the evidence after dismissal of the case.

    Under the Rules of Court, Rule 33 Sec. 1, states that After the plaintiff has completed the
    presentation of his or her evidence, the defendant may move for dismissal on the ground that upon the
    facts and the law the plaintiff has shown no right to relief. If his or her motion is denied, he or she shall
    have the right to present evidence. If the motion is granted but on appeal the order of dismissal is
    reversed, he or she shall be deemed to have waived the right to present evidence.

    In this case, Mr. Depensa believes that the evidence presented by the plaintiff is insufficient to prove
    that he owes the debt to Mr. Taposna. Mr. Depensa filed Demurrer to Evidence and it was granted by
    the Court. The case was dismissed.

    Thus, if the defendant’s demurrer is granted and the case is dismissed and the plaintiff appeals to
    appellate court and on appeal the court reverses the order of dismissal, the appellate court renders
    judgment immediately in favor of the plaintiff.

    4.No. Thompson cannot enforce an independent action.

    Pursuant to the Rules of Court, Rule 39 Section 6 that states a final and executory judgment or order
    may be executed on motion within five (5) years from the date of its entry. After the lapse of such time,
    and before it is barred by the statute of limitations, a judgment may be enforced by action. The revived
    judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter
    by action before it is barred by the statute of limitations.

    In this case, Linda Thompson won a breach of contract lawsuit against Respondent John Smith on
    January 15, 2013. The court ordered Smith to pay Thompson P50,000 in damages. Thompson, however,
    did not seek enforcement of the judgment through a writ of execution within the five-year period
    following the entry of the judgment. Realizing her oversight, Thompson filed an independent action on
    February 1, 2023, seeking the enforcement of the judgment against Smith.

    Therefore, Thompson claims becomes dormant 5 years after the judgement. And an execution by
    independent action which must be filed before it is barred by the statute of limitations, such that the
    judgment may be enforced only within 10 years.

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