Philippine Bar review · Question

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

Essay Hard

Practice question

A defendant only denied liability and omitted its existing compulsory damages counterclaim. No cure occurred before final judgment. Explain why the denial does not necessarily avoid Section2.

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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