Practice question
The answer raises payment as a Rule6 affirmative defense. Counsel insists that it is itself one of Section12(a)’s five expressly listed additional grounds. Which is correct?
- Payment is the same as failure to state a cause of action
- Payment is the same as improper venue
- Payment is the same as lack of personal jurisdiction
- Payment is a Rule6 defense addressed by the other-defense framework, not one of those five additional grounds
- Payment is not an affirmative defense under any rule
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
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