Philippine Bar review · Question

Practice question: By Whom Effected

Multiple Choice Hard

Practice question

A lawyer makes a special appearance for the defendant to question improper service of summons. The court directs that counsel to serve summons on the client. Counsel argues that no current provision authorizes this particular deputation. Which is correct?
  1. Only the plaintiff may ever be deputized.
  2. Current Rule14 §13 expressly provides for the court to deputize counsel in this situation.
  3. Counsel's special appearance automatically proves the original service was valid.
  4. The court must issue judgment before any service.
  5. The clerk may delegate this task by a private agreement without a court order.

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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