21. If denied, the movant shall file his answer within the balance of the reglementary period prescibed by Rule 11to which he was entitled at the time of serving his motion, but not less than five (5) days in any event.

22. No. a defaulted party cannot file a motion to dismiss.Under Sec. 3, Rule 9 of the Rules of Court, default is the failure of the defendant to answer

within the period allowed by the Rules. Moreover, a motion to dismiss is not a pleading and such motion should be filed within the time but prior to the filing of the answer of the defendant.

Since defendant is already declared in default, it necessarily implies that no answer or any responsive pleading was filed within the period prescribed by the Rules and a motion to dismiss is not available after defendant is declared in default.

23. An order denying a motion to dismiss is interlocutory and not appealable. An order denying a motion to dismiss does not finally dispose of the case, and in effect, allows the case to proceed until the final adjudication thereof by the court. As such, it is merely interlocutory in nature and thus, not appealable. However, an order granting a motion to dismiss is a final order which disposes the case, thus, appealable.

24. a. the failure of the plaintiff to appear during pre-trial shall be a cause for the dismissal of the action. This dismissal shall be with prejudice except when the court orders otherwise. b. the failure of the defendant to appear during pre-trial shall be a cause to allow plaintiff to

present evidence ex parte and for the court to render judgment on the basis of the evidence presented by the plaintiff.

25. A subpoena Duces Tecum is a process directed to a person requiring him to bring with him any books, documents, or things under his control (Sec. 1, Rule 21). Whereas, subpoena ad testificandum is a process directed to a person requiring him to attend and to testify at the hearing or trial of an action or at any investigation conducted by competent authority or for the taking of his deposition (Sec. 1, Rule 21).

26. The following are the instances where a deposition of a witness, whether or not a party may be

used for any purpose: a. The witness is dead;

b. The witness resides more than 100 kilometers from the place of trial or hearing, or is out of the Philippines. Unless it appears that his absences was procurred by the oarty offering the deposition.

c. The witness is unable to testify because of age, sickness, infirmity, or imprisonment;d. The party offering the deposition has been unable to procure the attendance of the witness by

subpoena; or e. Upon application and notice, that such execptional circumstances exist as to make it desirable

in the interest of justice.

27. No. As Judge, I will no grant the motion of defendant to present evidence. Under the Rules of Court, demurrer to evidence is a motion to dismiss based on the ground of insufficiency of evidence and is presented after the plaintiff rests his case. If the demurrer is granted but on appeal the order of dismissal is reversed, the defendant is deemed to have waived his right to present evidence (Sec.1, Rule 33). Moreover, the appellate court reversing the order granting the demurrer should not remand the case to the trial court. Instead, it should render judgment based on the evidence submitted by the plaintiff. (Radiowealth Finance Corporation vs Del Rosario, 335 SCRA 288)