Philippine Bar review · Question

Practice question: Voluntary Appearance

Multiple Choice Easy

Practice question

Can a defendant’s unreserved invocation of affirmative judicial relief be relevant to voluntary appearance?
  1. Yes.
  2. No; only the server’s signature ever matters.
  3. No; a defendant’s litigation conduct is categorically irrelevant.
  4. No; a private objection can always be saved indefinitely without being expressed.
  5. No; all appearances are necessarily involuntary.

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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