Philippine Bar review · Question

Practice question: Default (Rule 9, Sec. 3)

Multiple Choice Hard

Practice question

A court delegates reception of the claimant’s evidence after default. The claimant says that delegation also lets the clerk render the final merits judgment in the judge’s place. Which distinction controls?
  1. Receiving evidence is different from exercising the court’s adjudicative power
  2. Delegation automatically transfers the judicial office
  3. Every clerk may sign the merits judgment
  4. Default turns the clerk into an arbitrator
  5. No judicial determination is needed

Legal references

  • 2019 Civil Procedure Amendments, relevant current Rules9–12: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • Rules of Court, relevant unchanged provisions of Rules9–12: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • Rodriguez v Government of USA GR251830 June28,2021 MAIN default remedies: https://lawphil.net/judjuris/juri2021/jun2021/gr_251830_2021.html

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