Quebral v. CA (G.R. No. 101941; January 25, 1996)
FACTS:
ISSUE:
RULING:
(Please help us make a case digest for this piece of jurisprudence. You may leave your contribution in the comment section below or email us at info@projectjurisprudence.com. Please include your name so we can properly give credit to you for your work.)
SYLLABUS
1. REMEDIAL LAW; CIVIL PROCEDURE; JUDGMENT ON DEMURRER TO EVIDENCE; EFFECT OF REVERSAL BY THE APPELLATE COURT OF THE TRIAL COURTS ORDER OF DISMISSAL BASED ON DEMURRER TO EVIDENCE. - A demurrer to evidence abbreviates proceedings, it being an aid or instrument for the expeditious termination of an action, similar to a motion to dismiss, which the court or tribunal may either grant or deny. However, whoever avails of it gambles his right to adduce evidence. Pursuant to the aforequotedprovisions of Rule 35, if the defendants motion for judgment on demurrer to evidence is granted and the order of dismissal is reversed on appeal, judgment is rendered in favor of the adverse party because the movant loses his right to present evidence.
2. ID.; EVIDENCE; FINDINGS OF FACT OF THE COURT OF APPEALS; GENERALLY FINAL AND CONCLUSIVE. - Petitioners contentions before this Court are premised on the erroneous appreciation by the Court of Appeals of private respondents evidence in the trial court. Since such appreciation and the appellate courts conclusions thereon, as mentioned earlier, are contradictory to that of the trial court, the case at bench falls under the exception to the general rule that factual findings of the Court of Appeals are considered final and conclusive. Accordingly, the Court closely examined the records, only to find out that there is no reason to overturn the findings of the Court of Appeals which are amply supported by sufficient evidence.
