Philippine Bar review · Question

Practice question: Kinds (Rule 6)

Multiple Choice Medium

Practice question

Complete relief on a proper counterclaim requires another person, over whom jurisdiction can be obtained. Counsel claims Rule6 contains no mechanism to bring that person into the action. Which is correct?
  1. Only a new criminal case can bring the person in
  2. The action must always be abandoned
  3. The person may only appear as a witness
  4. The clerk must privately adjudicate the claim
  5. Section12 provides for bringing the person in as a defendant

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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