Philippine Bar review · Question

Practice question: Effect of Denial, Grant, and Reversal on Appeal

Multiple Choice Hard

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?
  1. Every codefendant automatically made the same motion.
  2. The waiver must be applied to the demurrer movant and actual procedural posture, not transferred automatically to a nonmovant.
  3. One litigant’s procedural risk necessarily eliminates every other party’s evidence.
  4. The text refers to all persons in the world.
  5. 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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