Philippine Bar review · Question

Practice question: Over the Parties

Multiple Choice Easy

Practice question

Does a suit naming a partnership necessarily implead every individual partner?
  1. Yes; every partner is automatically an individually named defendant.
  2. No.
  3. Yes; separate juridical personality never matters.
  4. Yes; the caption is automatically rewritten by law.
  5. Yes; even future partners are automatically judgment debtors.

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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