Practice question
A defendant lives abroad but is presently found in the Philippines. Plaintiff invokes Section3 solely because the defendant is a nonresident, without addressing the separate absent-from-country condition. Is that textual argument complete?
- No, Section3 also requires that the defendant is not found in the Philippines
- Yes, residence abroad alone satisfies both conditions
- Yes, physical presence is expressly irrelevant to Section3
- Yes, the defendant’s foreign passport eliminates the condition
- Yes, a pleading can omit any statutory condition
Legal references
- 2019 Civil Procedure amendments, Rule4 Sections3–4: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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