Philippine Bar review · Question

Practice question: Entity without Juridical Personality

Multiple Choice Medium

Practice question

Three persons transact under the commonly known name Harbor Repair Group without forming a juridical entity. They are sued in that name. Summons is served on one associated defendant under Section7. Which is best?
  1. Section7 permits the identified service route for the covered associated defendants
  2. A corporate secretary is indispensable although no corporation exists
  3. Only personal service on all three can ever satisfy Section7
  4. The common name automatically creates criminal liability
  5. The suit necessarily fails because the name is shared

Legal references

  • Rule3 Section15; Rule14 Section7: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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