Practice question
A pleading properly avers that an official act complied with law under Section9. At trial the opponent offers admissible proof of noncompliance. The pleader argues the pleading rule makes its averment irrebuttable. Which is sound?
- Every official-act allegation is irrebuttable
- The pleading allowance does not make compliance conclusively proved
- Section9 forbids all contrary evidence
- Pleading sufficiency always guarantees merits victory
- The opponent cannot ever question the act
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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