Practice question
A defendant fails to plead prescription, but the pleadings or record clearly show that the action is time-barred. The plaintiff invokes Section 12(b) to insist the court must ignore prescription in every circumstance. What is correct when Rule 9, Section 1 is also considered?
- Every unpleaded defense is waived without exception.
- Only the parties can ever notice prescription.
- The record must be concealed from the judge.
- Rule 9's express exception permits and directs dismissal when the listed bar appears; Section 12(b) is not read as erasing it.
- The court must automatically award the claim.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 8, Section 12, read with Rule 9, Section 1.
Answer this question in flashcards to review your response and continue practicing.