Practice question
The pleadings and record establish that the claim is barred by the statute of limitations. A party says the court must ignore the bar solely because it was omitted from an ordinary defense paragraph. What does Rule9 Section1 provide?
- The court shall dismiss the claim when the listed bar appears from the pleadings or evidence on record
- Every omitted defense disappears without exception
- Prescription is never relevant to civil actions
- Only a private agreement may recognize prescription
- The court must award damages automatically
Legal references
- Rule9 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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