Practice question
A claimant fails to plead within the applicable time. The other asks for default and a judgment barring that claim to the subject matter. The defaulting claimant says Rule62 provides no such mechanism. Which is correct?
- Section5 permits default on motion and subsequent barring judgment
- Default is categorically impossible
- The stakeholder privately declares default
- The claim automatically wins by silence
- The court can never adjudicate rival rights
Legal references
- Rules1 and62–70, special civil actions and specific procedural provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
- 2019 amendments AM19-10-20-SC, retained special civil action provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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