Practice question
Under current Rule 34 section 2, may the court act on its own initiative where it is apparent that the answer fails to tender an issue or admits the material allegations?
- Yes, the current section permits motu proprio or motion-based judgment in that apparent setting
- No, the court must ignore the current amendment
- Yes, but only by inventing facts outside the record
- No, because the rule applies only after execution
- Yes, and every allegation becomes true regardless of the actual answer
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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