Philippine Bar review · Question

Practice question: Amended and Supplemental Pleadings (Rule 10)

Multiple Choice Hard

Practice question

A party introduces evidence relevant to an already pleaded issue. The opponent admits it for that limited purpose, but the proponent later claims implied consent to a wholly different unpleaded issue solely from that admission. Which is best?
  1. Every admitted exhibit conclusively means consent to every possible issue
  2. The proponent alone decides what the opponent consented to
  3. The court must determine whether the different issue was actually tried by consent; mere admission for an existing issue does not itself establish that premise
  4. Any new issue is automatically barred despite actual consent
  5. Section5 requires a formal amendment in every case

Legal references

  • AM19-10-20-SC Rule10 Section5: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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