1. Effect of Denial, Grant, and Reversal on Appeal

4. WAIVER OF RIGHT TO PRESENT EVIDENCE

If on appeal, the order granting the motion for demurrer is REVERSED, the defendant LOSES his right to present evidence.

Judgment shall be rendered on the basis of the evidence submitted by the PLAINTIFF.

NOTE: The appellate court reversing the order granting the demurrer MUST NOT REMAND the case to the trial court for further proceedings. The appellate court should render judgment on the basis of the evidence submitted by the plaintiff. (Radiowealth Finance Corporation v. Del Rosario, 335 SCRA 228, 2000)