Practice question
A defendant timely raises noncompliance with a condition precedent in the answer. The plaintiff argues that this ground is excluded from Section 12(a)'s express list. Which is correct?
- The plaintiff is correct in every case.
- The ground is expressly included in Section 12(a)(5), subject to proof of its applicability.
- Only a witness can assert it.
- The ground automatically wins without examination.
- The defense is exclusively criminal.
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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