Practice question
A defendant admits receiving a loan but specifically alleges and properly puts in issue its complete payment before suit. The plaintiff seeks Rule 34 judgment solely because receipt of the loan is admitted. Which is correct?
- Receipt alone always eliminates the payment issue
- The payment allegation is automatically irrelevant in every civil case
- Only a criminal court can consider payment
- The pleaded payment defense tenders a material issue, so the admitted loan alone does not establish the no-issue basis
- The defendant automatically wins without proof
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 34 section 1, answer failing to tender an issue or admitting material allegations and the marriage or legal-separation exception.
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 34 section 2, apparent no-issue basis for court-initiated or motion-based judgment and Rule 15 treatment otherwise; Rule 8 section 11, unliquidated damages.
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