Philippine Bar review · Question

Practice question: Over the Parties

Multiple Choice Hard

Practice question

A creditor argues that mutual agency among partners automatically makes service on the partnership equivalent to individual impleading of every partner for execution. Which is sound?
  1. Business mutual agency does not erase the separate procedural requirement identified in Guy.
  2. Mutual agency makes every unnamed partner a judgment debtor in every suit.
  3. The partnership’s separate legal personality disappears in all litigation.
  4. The creditor may enlarge the dispositive judgment without proceedings.
  5. A business relationship necessarily waives personal due process.

Legal references

  • Guy v. Gacott, G.R. No. 206147, January 13, 2016, main decision, plaintiff submission and nonparty partner: https://lawphil.net/judjuris/juri2016/jan2016/gr_206147_2016.html
  • 2019 Amendments to Civil Procedure, Rule 14 Section 23 and Rule 8 Section 12, current personal-jurisdiction framework: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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