Practice question
A defendant timely pleads a release and the court considers the paragraph(d) process. The plaintiff argues that because release is not among Section12(a)’s additional five grounds, it cannot be an affirmative defense at all. Which is correct?
- Only the additional five grounds exist
- Section12 also recognizes the Rule6 affirmative defenses, including release
- Release is necessarily a negative denial
- Every release is automatically invalid
- The answer can contain no matter beyond jurisdiction
Legal references
- 2019 Rules of Civil Procedure, AM19-10-20-SC, Rules6–9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.