Practice question
The record conclusively establishes all requirements of a prior-judgment bar, although the answer omitted that defense. Counsel says Section1 preserves only jurisdiction and prescription. Which is correct?
- The judgment becomes nonexistent
- Prior judgment is omitted from the exception
- The answer omission always defeats res judicata
- Only private consent preserves a judgment
- The court must address the expressly preserved prior-judgment bar
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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