Philippine Bar review · Topic

Default (Rule 9, Sec. 3)

Explore Default (Rule 9, Sec. 3) in Pleadings for the Philippine Bar. Browse subtopics and published practice questions, then take a quiz or answer flashcards.

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Practice questions

  1. Under Rule9 Section3, who ordinarily moves for a declaration of default based on failure to answer?
  2. After a valid default order, what does Rule9 Section3(a) preserve for the defaulted party?
  3. For pre-judgment relief from a default order under Rule9 Section3(b), what must accompany the proper showing of fraud, …
  4. An answer period expires, but no claiming-party motion, required notice or proof is supplied. The plaintiff says defaul…
  5. A defendant fails to answer a petition for declaration of nullity of marriage. The petitioner asks for an ordinary defa…
  6. A defendant validly declared in default does not participate at trial. The complaint asks only a specified money amount…
  7. Several defendants face a common cause of action. Some answer and others do not. The claimant demands a separate automa…
  8. Explain why failure to answer is not the same as automatic judgment for every requested relief.
  9. State the pre-judgment route under Rule9 Section3(b) for setting aside a default order.
  10. Describe the no-default safeguard when a respondent fails to answer a marriage-nullity case.
  11. If the court requires evidence after default, may Rule9 Section3 permit its reception to be delegated to the clerk of c…
  12. Is an order declaring default necessarily the same as the final judgment granting the underlying claim?