Philippine Bar review · Question

Practice question: Consolidation or Severance (Rule 31)

Multiple Choice Easy

Practice question

Does a separate-trial order necessarily commence a new independent action with a new substantive cause?
  1. Yes; every trial arrangement automatically creates a new cause.
  2. Yes; every separated issue becomes a new lawsuit by itself.
  3. No.
  4. Yes; the court must deem every existing pleading void.
  5. Yes; all parties cease to be parties immediately.

Legal references

  • Producers Bank of the Philippines v. Excelsa Industries, Inc., G.R. No. 173820, April 16, 2012, main decision, consolidation forms and remedy for actual merged cases: https://lawphil.net/judjuris/juri2012/apr2012/gr_173820_2012.html
  • Rules of Court, Rules 25-29, interrogatories, admissions, production and physical examination; retained text read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.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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