Philippine Bar review · Question

Practice question: Judgment on the Pleadings (Rule 34)

Multiple Choice Medium

Practice question

An answer raises an affirmative defense. The claimant relies on supporting material to show that defense is sham and seeks judgment without trial. Which classification must be considered instead of simply assuming pure Rule 34 admissions?
  1. Automatic judgment on the pleadings regardless of the ostensible defense.
  2. Automatic confession of every complaint allegation.
  3. An arrest warrant.
  4. A new criminal information.
  5. The distinct Rule 35 summary-judgment framework.

Legal references

  • Laqui v. Sagun, G.R. No. 271967, November 4, 2024, main decision, judgment on pleadings before pretrial and specific denials: https://lawphil.net/judjuris/juri2024/nov2024/gr_271967_2024.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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