Practice question
A municipality remains the named defendant. Its incumbent mayor receives summons properly in official executive-head capacity. A later election changes the mayor, but not the municipal party. The plaintiff claims the municipality has become an entirely new juridical defendant solely because its executive changed. Which distinction matters?
- The public corporation’s identity is distinct from the changing individual officeholder
- Each election automatically creates a new municipality
- Every new mayor cancels every completed service
- The former mayor owns the municipality
- The contractor becomes the public corporation
Legal references
- Current Rule14 relevant Sections5–6,11–12,14–16 and19–23: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html Public-corporation service, individual capacity and proof.
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