Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Does Rule9 Section2’s express omitted-counterclaim bar name compulsory counterclaims rather than every possible counterclaim?
  1. Yes
  2. No, it expressly bars every permissive claim too
  3. Only criminal charges are named
  4. Only appeals are named
  5. No counterclaim is mentioned

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

Answer this question in flashcards to review your response and continue practicing.