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Philippine Bar review · Question

Practice question: Duty of Counsel of Record

Multiple Choice Hard

Practice question

After defective service, a defendant retains counsel solely to question service. The court deputizes counsel under Section 13. The plaintiff then argues that deputization alone conclusively proves summons was actually served, although counsel has not yet done so. Which is correct?
  1. Authority to serve and actual completed service are distinct; deputization alone does not establish performance.
  2. Deputization necessarily proves every act has already occurred.
  3. The plaintiff may invent a return.
  4. The defendant automatically admits the entire claim.
  5. The court's order makes every summons unnecessary.

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 14, Section 13.

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