Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A defendant validly declared in default does not participate at trial. The complaint asks only a specified money amount. The plaintiff demands double that amount and a different kind of relief solely because no answer was filed. Which is best?
  1. Default removes every limit on relief
  2. The plaintiff’s later wish automatically amends the prayer
  3. Rule9 limits a default judgment’s amount and kind; default does not authorize the requested excess or different relief
  4. The clerk may choose any award
  5. Default necessarily proves all future allegations

Legal references

  • Rule9 Section3 and3(d): https://lawphil.net/courts/rules/rc_1-71_civil.html

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