Practice question
Summons gives the required default warning. The plaintiff later seeks a default award of an entirely different kind from the complaint’s prayer, relying solely on the broad warning. Which is correct?
- The warning does not override Rule 9’s limits on relief against a party in default.
- The warning authorizes any new relief whatsoever.
- A clerk’s generic warning privately amends the complaint.
- Every unrequested remedy must automatically be granted.
- No rule limits the judgment once summons is served.
Legal references
- 2019 Amendments to Civil Procedure, Rule 14, particularly Sections 1-5, 8, 13 and 23, as applicable to the stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Court, Rule 9 Section 3(d), limits on judgment against a party in default, read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
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