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Philippine Bar review · Question

Practice question: Residents Temporarily Out of the Philippines

Multiple Choice Medium

Practice question

The court authorizes foreign service under section 18 and the preceding section but allows only forty-five calendar days after notice to answer. Which is correct?
  1. The order must observe the preceding section’s reasonable period of at least sixty calendar days after notice
  2. Forty-five days is always the maximum permitted
  3. No answer period is needed for residents abroad
  4. The plaintiff may shorten the period unilaterally
  5. The foreign trip automatically waives all defenses

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 sections 6, 9 and 17–19, substituted local service and service abroad on a temporarily absent resident.
  • https://lawphil.net/judjuris/juri2006/sep2006/gr_170926_2006.html — Guiguinto Credit Cooperative, Inc. v. Torres, G.R. No. 170926, September 15, 2006, main decision distinguishing temporarily absent residents and proper service; current mode requirements and numbering come from amended Rule 14.
  • https://oca.judiciary.gov.ph/wp-content/uploads/OCA-Circular-No.-254-2024.pdf — official OCA Circular 254-2024, AO 101-2024 outbound judicial-document application by motion with leave where the Hague Service Convention governs.

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