FACTS:

The case involves a dispute over the partition of the estate of Bartolome Ayad and Marcelina Tejada, who had five children. The deceased children are Enrico, Encarnacion, Consolacion, Maximiano, and Mariano. The petitioners are the children and grandchildren of Encarnacion, while the respondents are the children of Consolacion. The petitioners alleged that Enrico executed fraudulent documents in favor of Consolacion and the respondents, disregarding their rights to the estate. The Regional Trial Court (RTC) initially ruled in favor of the petitioners, declaring the fraudulent documents as null and void and awarding a portion of the estate to each heir. However, the RTC later granted the respondents' motion for reconsideration and/or new trial to admit additional documents, but instead of presenting the documents, the respondents filed a demurrer to evidence. The RTC denied the demurrer, but the Court of Appeals (CA) reversed the RTC's decision, dismissing the complaint for insufficiency of evidence. The petitioners filed a petition for review arguing that the CA erred in dismissing the complaint. The Supreme Court granted the petition, stating that the demurrer to evidence was no longer available to the respondents as the RTC had already rendered its decision. The Court reinstated the RTC's original decision, ruling in favor of the petitioners.

ISSUES:

1. Whether the CA's dismissal of the Amended Complaint was in accordance with law, rules of procedure and jurisprudence.

RULING:

1. The Court ruled that the CA committed reversible error in granting the demurrer and dismissing the Amended Complaint. The demurrer to evidence was filed by the respondents after the RTC had already rendered its decision. Therefore, the demurrer to evidence was no longer an available remedy. The RTC's original decision was reinstated.

PRINCIPLES:

• A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence and is presented after the plaintiff rests his case. It is 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 to make out a case or sustain the issue. The evidence contemplated by the rule on demurrer is that which pertains to the merits of the case.

• A demurrer to evidence must be filed before the court renders its judgment.

• Once the court has rendered its decision, a demurrer to evidence is no longer an available remedy.