Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Several defendants face a common cause of action. Some answer and others do not. The claimant demands a separate automatic victory against the silent defendants regardless of the evidence on the common claim. Which is best?
  1. Common defenses can never matter
  2. All answering defendants also become defaulted
  3. No trial is allowed
  4. Rule9 directs trial against all on the answers filed and judgment upon the evidence in the specified common-cause setting
  5. The court must award inconsistent relief without review

Legal references

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

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