Philippine Bar review · Question

Practice question: Effect of Failure to Plead (Rule 9, Secs. 1 and 2)

Multiple Choice Medium

Practice question

A defendant omits a genuinely permissive, independent counterclaim. No other preclusion or prescription bar exists. The plaintiff relies solely on Section2 as an express bar to every counterclaim. Which is correct?
  1. The court may delete the word compulsory
  2. Section2 expressly names every permissive claim
  3. All independent claims become compulsory on omission
  4. The express Section2 compulsory-counterclaim bar does not extend merely by label to this stipulated permissive claim
  5. Every debt is extinguished by filing an answer

Legal references

  • 2019 Rules of Civil Procedure, AM19-10-20-SC, Rules6–9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • Continuing provisions marked no amendment in2019, Rules6 Sections9,12,13;7 Section2;8 Sections2,4,9;9 Sections1–2: https://lawphil.net/courts/rules/rc_1-71_civil.html

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