Practice question
An amended answer deliberately omits a former defense. No consensual trial, subsequent amendment or other basis restores it. The defendant demands judgment on that omitted defense solely because it appeared in the superseded answer. Which Section8 distinction controls?
- An omitted defense is deemed waived; the old pleading is not still the operative answer
- Every prior defense remains operative automatically
- An amended answer has no procedural effect
- The old defense becomes a compulsory counterclaim
- The court must award every omitted allegation
Legal references
- 2019 Civil Procedure Amendments, Rule10 Sections3,6 and8: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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