Practice question
A civil demurrer finally dismisses the action, but that dismissal is reversed on appeal. The movant offers new defense affidavits solely to avoid the Rule 33 waiver and demands that the merits be decided on them. Which is sound?
- The movant cannot bypass the statutory evidentiary waiver by that device.
- New affidavit labels automatically restore the waived opportunity.
- A favorable trial ruling makes later reversal risk-free.
- The appellate court must ignore the plaintiff’s existing record.
- The waiver applies only to documents printed on a particular paper.
Legal references
- Santos Ventura Hocorma Foundation, Inc. v. Mabalacat Institute, Inc., G.R. No. 267084, July 9, 2025, main decision, merits-based civil demurrer and record considered: https://lawphil.net/judjuris/juri2025/jul2025/gr_267084_2025.html
- 2019 Amendments to Civil Procedure, Rules 23-34, particularly the current provisions cited in each explanation: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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