Philippine Bar review · Question

Practice question: Over the Issues

Multiple Choice Medium

Practice question

Before trial, the court issues a pre-trial order specifying the issues. Neither consent to try another issue nor a proper modification exists. Which rule governs the subsequent proceedings?
  1. The order is merely optional advice
  2. The contents control, unless modified before trial to prevent manifest injustice
  3. Any witness may unilaterally erase the issues
  4. The order always prevents every form of lawful consensual trial under Rule 10
  5. The pleadings automatically disappear

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 10, sections 3 and 5, and Rule 18, sections 2 and 7, issues tried by consent and controlling pre-trial order.
  • https://lawphil.net/judjuris/juri2006/jan2006/gr_162416_2006.html — De Joya v. Marquez, G.R. No. 162416, January 31, 2006, distinctions among jurisdiction over subject matter, issues and res.

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