Philippine Bar review · Question

Practice question: Parties to Civil Actions (Rule 3)

Multiple Choice Medium

Practice question

A claimant cannot yet determine which of two contractors is responsible for the same defect. Evidence supports genuinely alternative theories. Does inconsistent relief against the two itself prohibit Section 13 joinder?
  1. Yes; alternative liability is always forbidden.
  2. Yes; the plaintiff must obtain a judgment before naming anyone.
  3. Yes; every uncertainty necessarily defeats every civil action.
  4. Yes; both defendants are automatically liable without trial.
  5. No; the rule expressly allows alternative defendants despite such inconsistency.

Legal references

  • Rules of Court, Rule 3 Sections 12-15 and 19, unchanged provisions read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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