Philippine Bar review · Question

Practice question: Over the Issues

Multiple Choice Easy

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?
  1. As permanently incapable of decision
  2. As if raised in the pleadings in all respects
  3. As automatically decided for the plaintiff
  4. As criminal offenses regardless of the civil dispute
  5. 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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