Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Is an order declaring default necessarily the same as the final judgment granting the underlying claim?
  1. No; default and adjudication are distinct procedural acts
  2. Yes; they are always identical
  3. Yes; no judgment need ever follow
  4. Yes; the clerk automatically awards all damages
  5. Yes; default itself transfers every asset

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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