Practice question
A stipulation conclusively establishes one required plaintiff fact, but the demurrer argues that no witness recited it. Which is correct?
- A stipulation is never part of the legally relevant facts.
- Every stipulated fact must be ignored until a defense witness repeats it.
- The court must grant dismissal solely from absence of repeated oral testimony.
- Only the number of witnesses determines sufficiency.
- The established stipulation must be considered in assessing the motion.
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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