Practice question
A defendant says every affirmative defense under Rule 6, Section 5(b) must receive exactly the same mandatory 30-day-from-answer treatment as the five listed grounds in Rule 8, Section 12(a). Which distinction does Section 12(d) make?
- It abolishes all other defenses.
- It requires every defense to await execution.
- It permits a summary hearing on the other specified Rule 6 defenses within 15 calendar days from the answer and resolution within 30 calendar days from termination of that hearing.
- It lets the clerk decide every defense privately.
- It allows infinite delay in all cases.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 8, Section 12, read with Rule 9, Section 1.
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