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