Philippine Bar review · Question

Practice question: Judgment on the Pleadings (Rule 34)

Multiple Choice Easy

Practice question

What pleading condition ordinarily supports judgment on the pleadings under Rule 34?
  1. Any answer simply because it was filed late at night
  2. An answer failing to tender an issue or otherwise admitting the adverse pleading’s material allegations
  3. Every answer containing a genuine material factual dispute
  4. Only a witness’s refusal to attend
  5. Only a party’s demand for publicity

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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