Philippine Bar review · Question

Practice question: Voluntary Appearance

Multiple Choice Medium

Practice question

A defendant seeks and obtains affirmative relief without preserving a personal-jurisdiction objection, then first uses the words special appearance after an unfavorable development. Which claim fails?
  1. That the actual filings should be examined.
  2. That the governing current rules remain relevant.
  3. That personal jurisdiction and merits are distinct inquiries.
  4. That counsel must identify the precise conduct relied on.
  5. That the later label alone necessarily negates the earlier unreserved submission.

Legal references

  • Spouses Abayon v. Bank of the Philippine Islands, G.R. No. 249684, March 29, 2023, main decision, unreserved affirmative relief and voluntary submission; no historical motion-to-dismiss mechanics relied on: https://lawphil.net/judjuris/juri2023/mar2023/gr_249684_2023.html
  • 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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