(Total 10%)
True or False. If the answer is false, explain your answer briefly.
(a) The surviving parties rule bars Maria from testifying for the claimant as to what the deceased Jose had said to her, in a claim filed by Pedro against the estate of Jose. (3%)
(b) A defendant who has been declared in default can avail of a petition for relief from the judgment subsequently rendered in the case. (3%)
(c) A motion is a pleading. (2%)
(d) A counterclaim is a pleading. (2%)
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Keywords
- demurrer (1)
- foreign judgment (1)
- hearsay (1)
- mandamus (1)
- pendency (1)
1 comment:
II.
a.
FALSE. It is the claimant who is barred, not Maria.
b.
TRUE.
c.
FALSE. Section 1, Rule 15 of the Rules of Court is very clear: A motion is an application for relief other than by a pleading.
d.
FALSE. A counterclaim is a claim set forth in a pleading.
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