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Philippine Bar review · Question

Practice question: Residents Temporarily Out of the Philippines

Multiple Choice Hard

Practice question

A defendant ordinarily residing in the Philippines is abroad when the action begins. The plaintiff seeks foreign service and submits a representative’s competent affidavit establishing the required facts. It is rejected solely because the plaintiff did not personally sign the affidavit. Which textual point matters?
  1. Section19 permits an affidavit by a person on the plaintiff’s behalf
  2. Only a plaintiff may ever swear to the facts
  3. The affidavit requirement is abolished
  4. The representative automatically wins the merits
  5. The defendant must prepare the affidavit

Legal references

  • Current Rule14, AM19-10-20-SC: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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