Practice question
The court directs a separate trial of liability before the disputed amount of damages to improve convenience and avoid prejudice. Counsel says Section 2 can separate only entire complaints. Which is correct?
- Only an entire action can ever be separated.
- Liability and quantum must always be heard simultaneously.
- A separate issue automatically is dismissed.
- The order necessarily relieves both parties of proof.
- Section 2 expressly permits separate trial of a separate issue.
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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