Philippine Bar review · Topic

Affirmative Defenses (Rule 8, Sec. 12)

Explore Affirmative Defenses (Rule 8, Sec. 12) in Pleadings for the Philippine Bar. Browse subtopics and published practice questions, then take a quiz or…

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Practice questions

  1. Under Rule 8, Section 12(a), where shall a defendant raise affirmative defenses?
  2. Which is one of the five grounds expressly listed in Rule 8, Section 12(a)?
  3. Within what period does Section 12(c) direct the court to resolve the affirmative defenses listed above it?
  4. A defendant timely raises noncompliance with a condition precedent in the answer. The plaintiff argues that this ground…
  5. An affirmative defense has been denied in an ordinary case governed by Section 12(e). What avenue does that paragraph e…
  6. A defendant fails to plead prescription, but the pleadings or record clearly show that the action is time-barred. The p…
  7. A defendant says every affirmative defense under Rule 6, Section 5(b) must receive exactly the same mandatory 30-day-fr…
  8. State the five grounds expressly added in Rule 8, Section 12(a), and distinguish paragraph (c)'s procedure from paragra…
  9. Explain why Section 12(b)'s earliest-opportunity waiver provision cannot be read to eliminate Rule 9, Section 1's expre…
  10. A defendant's affirmative defense is denied. Explain the ordinary remedial treatment stated in Rule 8, Section 12(e), a…
  11. Under Rule8 Section12(d), the possible summary hearing on other Rule6 affirmative defenses is within how many calendar …
  12. Under Section12(d), the thirty-calendar-day resolution period runs from what event when its summary hearing is conducte…