A.I. Powered: Philippine Bar Reviewer

Question

E. Pleadings: Period to File Responsive Pleadings - Rule 11

A filed a complaint for damages against B, alleging negligence resulting in personal injury. B received the summons and complaint on March 1, 2021. On March 10, 2021, B filed a motion for extension of time to file a responsive pleading, stating that he needed additional time to gather evidence. The court granted the motion and allowed B to file his answer on or before April 5, 2021.

On April 1, 2021, without filing an answer, B filed a motion to dismiss the complaint on the ground of prescription. A opposes the motion, arguing that B's failure to file a timely answer constitutes a waiver of any defense.

In light of the given scenario, discuss the following:

1. Whether B's motion to dismiss on the ground of prescription is proper;
2. Whether A's argument of waiver is valid in this case;
3. The legal implications if B fails to file an answer within the extended period granted by the court.

---

Answer