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?
- Permissibility of the motion does not prove its factual and legal merits.
- The exception conclusively determines every limitation period.
- Every allowed motion must automatically be granted.
- The court must ignore accrual and interruption facts.
- 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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