Practice question
In a case expressly governed by current Rule 14, Section 23, a defendant includes other grounds in a motion to dismiss along with lack of jurisdiction over his person. He relies on the old rule's statement that this is not deemed voluntary appearance. Ignoring whether that motion is otherwise permitted, which submission rule applies?
- The old opposite wording always governs new cases.
- The current provision deems that inclusion voluntary appearance.
- The defendant may choose whichever rule helps him.
- The plaintiff's consent determines the rule's text.
- The court must disregard the current amendment.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Current Rule 14, Section 23; Rule 8, Section 12.
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