Philippine Bar review · Question

Practice question: Spouses

Multiple Choice Hard

Practice question

Spouses are jointly sued over an alleged common obligation. The server reaches only the husband. Counsel argues that proof of a shared debt both establishes the wife’s liability and conclusively cures absence of service on her. Which is best?
  1. An alleged common debt proves every service element
  2. The husband is automatically an unlimited litigation agent
  3. The substantive obligation and valid service are separate inquiries; joint allegations do not dispense with the wife’s required process
  4. The court may disregard Section11 whenever money is claimed
  5. Any debt allegation is a voluntary appearance by both

Legal references

  • Rule14 Section11: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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