RADIOWEALTH FINANCE V. DEL ROSARIO (REMEDIAL)

When a DEMURRER TO EVIDENCE granted by a trial court is reversed on appeal, the reviewing court cannot remand the case for further proceedings. Rather, it should render judgment on the basis of the evidence proffered by the plaintiff. Inasmuch as defendants in the present case admitted the due execution of the Promissory Note both in their answer and during the pretrial, the appellate court should have rendered judgment on the bases of that Note and on the other pieces of evidence adduced during the trial.

In the case at bar, the trial court, acting on respondent's demurrer to evidence, dismissed the Complaint on the ground that the plaintiff had adduced mere hearsay evidence. However, on appeal, the appellate court reversed the trial court because the genuineness and the due execution of the disputed evidence had in fact been admitted by defendants.

Applying Rule 33, Section 1 of the Rules of Court, the CA should have rendered judgment on the basis of the evidence submitted by petitioner and not remand it. A remand is not only frowned upon by the Rules, it is also logically unnecessary on the basis of the facts on record.