Practice question
In a debt suit between siblings where Article 151 applies, the verified complaint alleges failed earnest compromise efforts. The court finds that no such effort was actually made. The defense was timely raised and not waived, and no exception applies. Can the allegation alone conclusively satisfy the requirement?
- Yes, because a false allegation is always enough.
- No. Article 151 directs dismissal where the absence of actual efforts is shown on these assumptions.
- Yes, because verification proves every disputed fact conclusively.
- No, because all sibling debts are void.
- Yes, because the defendant's defense is automatically irrelevant.
Legal references
- Family Code Articles149–151; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173
- Civil Code Article2035; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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