Philippine Bar review · Question

Practice question: Judgment on the Pleadings (Rule 34)

Multiple Choice Easy

Practice question

In which action must the material facts alleged in the complaint always be proved despite the Rule 34 admission principle?
  1. Every ordinary unpaid invoice case
  2. Every action for recovery of a movable thing
  3. An action for declaration of nullity or annulment of marriage or for legal separation
  4. Every dispute between business competitors
  5. Every case in which both parties have lawyers

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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