Practice question
One defendant obtains a demurrer dismissal that is reversed. Another defendant did not join the motion and still has a properly preserved evidence stage. Counsel says the first movant’s Rule 33 waiver automatically forfeits the nonmovant’s evidence solely from codefendant status. Which is correct?
- Every codefendant automatically made the same motion.
- The waiver must be applied to the demurrer movant and actual procedural posture, not transferred automatically to a nonmovant.
- One litigant’s procedural risk necessarily eliminates every other party’s evidence.
- The text refers to all persons in the world.
- The nonmovant’s preserved procedural position is irrelevant.
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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