Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

One defendant omits a claim against a co-defendant that is wholly unrelated to the transaction, occurrence or counterclaim in the original suit. It is stipulated not to be a Rule6 cross-claim, and no other bar exists. Can Section2 alone bar it merely because both persons were co-defendants?
  1. Yes, every claim between co-defendants is a cross-claim
  2. No, the statutory pleading category must first be established
  3. Yes, co-party status alone extinguishes all debts
  4. Yes, unrelated transactions are always compulsory cross-claims
  5. Yes, every omitted demand is automatically barred

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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