Philippine Bar review · Question

Practice question: Prohibited Motions

Multiple Choice Hard

Practice question

A defendant files an otherwise proper permitted motion to dismiss on prescription. The defendant says inclusion in Section 12(a)’s exceptions conclusively establishes that prescription has actually run. Which is correct?
  1. Permissibility of the motion does not prove its factual and legal merits.
  2. The exception conclusively determines every limitation period.
  3. Every allowed motion must automatically be granted.
  4. The court must ignore accrual and interruption facts.
  5. A caption itself proves the claim expired.

Legal references

  • 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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