Practice question
A plaintiff in the original action commits the extrinsic fraud that ultimately causes annulment. On refiling, it claims Section8 always suspends prescription regardless of who committed the fraud. Which exception matters?
- Suspension does not apply where that extrinsic fraud is attributable to the original plaintiff
- The fraudulent plaintiff always receives suspension
- Annulment makes every claim imprescriptible
- Prescription automatically becomes fifty years
- Only the defendant’s preferred period applies
Legal references
- Rules of Court, specified Rules42–47: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule47 Sections4–10.
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