Practice question
A claimant relies on judicial summons as a civil interruption, but the summons is proved void for lack of legal solemnities. Which1124 rule applies?
- It is deemed not issued and does not create that interruption
- Every void summons necessarily interrupts
- A file number cures all service defects
- The plaintiff’s wish replaces summons
- The possessor automatically loses ownership
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1121–1125 and1132–1133; susceptible private property and no unstated special bar assumed.
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