Philippine Bar review · Question

Practice question: Allegations (Rule 8)

Multiple Choice Medium

Practice question

A complaint states two alternative grounds. GroundOne independently states a sufficient claim; GroundTwo is deficient. The defendant asserts that the deficiency necessarily destroys GroundOne. Which is correct?
  1. The defendant may delete the sufficient alternative
  2. One deficient alternative always destroys the whole pleading
  3. Alternative pleading is categorically prohibited
  4. Rule8 Section2 rejects that automatic consequence
  5. Only the order of paragraphs decides the case

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
  • Continuing provisions marked no amendment in2019, Rules6 Sections9,12,13;7 Section2;8 Sections2,4,9;9 Sections1–2: https://lawphil.net/courts/rules/rc_1-71_civil.html

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