Philippine Bar review · Question

Practice question: Judgment on the Pleadings (Rule 34)

Multiple Choice Hard

Practice question

The defendant admits the facts supporting liability but the complaint also demands a substantial amount of unliquidated damages. The plaintiff argues that absence of a specific denial conclusively admits the exact damages amount and requires its award under Rule 34 without proof. Which is correct?
  1. Every amount requested is automatically admitted
  2. Rule 8’s unliquidated-damages exception is erased by invoking Rule 34
  3. The court must award twice the prayer
  4. Pleading admissions do not automatically establish the amount of unliquidated damages; that amount requires the proper proof and determination
  5. No civil damages can ever be awarded

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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