29-35

29. a) Demurrer to evidence is filed by defendant after the plaintiff had rested its case. It is in
a nature of a motion to dismiss filed on the ground of insufficiency of evidence or that
plaintiff has no right to relief.

b) If the motion for the demurrer is granted, the defendant shall have the right to present
evidence.

c) If the motion is granted but on appeal the order of dismissal is reversed he shall be
deemed to have waived the right to present evidence.

30. In civil cases, when demurrer to evidence is denied, the defendant may still present his
evidence; whereas, if demurrer of an accused in a criminal case is denied, the latter is no
longer allowed to present evidence if he has no prior leave of court.

Moreover, when demurrer to evidence in civil cases is granted but subsequently reversed
on appeal, the defendant loses his right to present evidence and the appellate court
renders judgment immediately. On the other hand, if demurrer to evidence is granted in
criminal cases, there can be no more appeal by the prosecution because it is tantamount
to acquittal of the accused.

31. The motion shall be denied. It must be noted that the action of the plaintiff prayed for
unliquidated damages which must be proven by evidence to come up with a certain
amount that should be paid by the adverse party. Hence, the for judgment on pleading
will not prosper because such damages must be first established by a judge.

32. a) A judge may grant summary judgment when there is no genuine issue of fact to be
tried. Such judgment may be rendered on the basis of pleadings, affidavits, depositions
and admissions. This remedy is available to both claimant and defending party.

b) A judgment on the pleadings may be granted by a judge when there is no issue of fact
at all. This is rendered on the basis of pleadings only and is available only to the claimant
because the answer fails to tender an issue.
33. a) A person who has a legal interest in the matter in litigation, or in the success in either
of the parties, or an interest against both, or is so situated as to be adversely affected by
a distribution or other disposition of property in custody of the court or of an officer
thereof may, with leave of court be allowed to intervene in the action.

b) The motion to intervene may be filed at any time before rendition of judgment by the
trial court.

34. Requisites of a valid judgment:

a) The court must have jurisdiction over the subject matter;
b) Jurisdiction over the person or of the res;
c) Jurisdiction over the issues;
d) Court rendering judgment must be a validly constituted court; and
e) Judgment must be rendered after a lawful hearing; due process must be observed.

35. a) If no appeal or motion for new trial or reconsideration is filed within the time provided
in the Rules, the judgment or final resolution shall become executory.
b) In the same manner of service of summons upon a defendant whose identity or
whereabouts are unknown; that is effected upon him by publication in a newspaper of
general circulation and in such places and for such times as the court may order.
c) The date of entry of judgment is the time when the judgment becomes executory.