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Philippine Bar review · Question

Practice question: Parties to Civil Actions (Rule 3)

Multiple Choice Hard

Practice question

A claimant omits a necessary party, gives an inadequate reason, and then without justifiable cause disobeys an order to include that party whose personal jurisdiction can be obtained. What consequence does Rule 3 section 9 specify?
  1. Automatic victory against the omitted person
  2. A waiver of the claim against that necessary party
  3. Automatic criminal conviction of every witness
  4. Loss of all rights of every person in the case
  5. A rule that the omitted person is bound despite lack of joinder

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 3, sections 2–3, 5, 7–11, 16 and 20, real parties, representatives, joinder and death of a party.

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