Practice question
If the answer raises an ostensible issue whose alleged sham character must be established through supporting materials, is that automatically the same as no issue on the face of the pleadings?
- Yes; every apparent issue is automatically an admission.
- Yes; Rule 34 permits all credibility trials on affidavits.
- No.
- Yes; the legal distinction has been abolished.
- Yes; the caption alone controls the material considered.
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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