Philippine Bar review · Question

Practice question: By Whom Issued

Multiple Choice Hard Jurisprudence

Practice question

A plaintiff emails an electronic copy of a newly filed complaint and asks the clerk to email an unsigned message labeled 'summons' without a court direction. Counsel claims that Rule13-A eliminated Rule14's issuance requirements. Which is correct?
  1. Rule13-A abolishes the clerk's signature and court seal.
  2. Any email bearing the case title is automatically a summons.
  3. The defendant's knowledge cures every issuance defect automatically.
  4. Rule13-A expressly preserves Rule14 for summons; the plaintiff's proposed shortcut does not replace its issuance requirements.
  5. A plaintiff may issue summons whenever digital filing is required.

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.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/99055 — AM19-10-20-SC, November26 2024, Rule13-A (express summons exception).

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