Practice question
A summons correctly warns that if the defendant does not answer, the plaintiff will take judgment by default and may obtain the relief applied for. After service, the plaintiff argues that this warning itself is a final judgment proving every allegation and requiring immediate execution. Which is correct?
- The warning is a self-executing final judgment.
- The warning states a possible procedural consequence; it is not itself an adjudication or execution writ.
- The warning conclusively fixes all unliquidated damages.
- The warning makes all later court action unnecessary.
- The warning eliminates all rights to contest service.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, 2019 amendments, Rule14 §§1–5,13,20–23.
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