Practice question
Under current Rule 10 section 5, how are issues not raised in the pleadings treated when tried with the parties’ express or implied consent?
- As permanently incapable of decision
- As if raised in the pleadings in all respects
- As automatically decided for the plaintiff
- As criminal offenses regardless of the civil dispute
- As grounds to dismiss every pending claim
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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