Practice question
A principal debt is not yet mature, no acceleration ground exists, and no other breach supports collection. The creditor files early because maturity is expected during trial. Which is sound?
- Expected maturity is always identical to an existing breach.
- Filing necessarily accelerates every debt.
- The court calendar automatically rewrites the contract.
- Expected future maturity does not itself supply the missing cause at filing.
- A plaintiff may recover without any cause at commencement.
Legal references
- Swagman Hotels and Travel, Inc. v. Court of Appeals, G.R. No. 161135, April 8, 2005, main decision, existing breach and cause at commencement: https://lawphil.net/judjuris/juri2005/apr2005/gr_161135_2005.html
- 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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