A demurrer to evidence is defined as “an
objection by one of the parties in an action, to the effect that the evidence
which his adversary produced is insufficient in point of law, whether true or
not, to make out a case or sustain the issue.” The Supreme Court held that a
demurrer to evidence “authorizes a judgment on the merits of the case without
the defendant having to submit evidence on his part, as he would ordinarily
have to do, if plaintiff’s evidence shows that he is not entitled to the relief
sought.” (OROPESA VS. OROPESA [2012]).
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