Philippine Bar review · Question

Practice question: Distinguished from Pleadings

Multiple Choice Easy

Practice question

Is an affidavit supplied only as evidentiary support for a motion necessarily the pleading that asserts the party’s cause of action?
  1. No.
  2. Yes; every affidavit is automatically a complaint.
  3. Yes; a supporting document always replaces the required pleading.
  4. Yes; every witness becomes the plaintiff.
  5. Yes; evidence and pleadings are identical categories.

Legal references

  • Rules of Court, Rules 6, 9 Section 1, 15 Sections 1 and 3 and 33, retained provisions read with the current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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