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Philippine Bar review · Question

Practice question: By Whom Issued

Multiple Choice Hard Jurisprudence

Practice question

The court receives an initiatory pleading but no proof of payment of the requisite fees. Counsel invokes Rule14 §1 to demand that the five-calendar-day direction period be measured solely from receipt of the pleading, regardless of the missing payment proof. Which is the sound reading of that provision?
  1. The provision expressly refers to receipt of both the initiatory pleading and proof of payment; counsel's reading omits a stated trigger.
  2. The five days always run from the date counsel privately signs the complaint.
  3. Issuance must await a final merits judgment.
  4. The defendant alone decides when the period begins.
  5. Payment proof may never be required for any civil process.

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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