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In a complaint filed by the plaintiff, what is the effect of the defendant’s failure to file an answer within the reglementary period?

2013 Bar Exam · Remedial Law · Question 2 · Multiple choice

The question

In a complaint filed by the plaintiff, what is the effect of the defendant’s failure to file an answer within the reglementary period?

  1. A.The court is allowed to render judgment motuproprio in favor of the plaintiff
  2. B.The court motuproprio may declare the defendant in default, but only after due notice to the defendant.
  3. C.The court may declare the defendant in default but only upon motion of the plaintiff and with notice to the defendant.
  4. D.The court may declare the defendant in default but only upon motion of the plaintiff, with notice to the defendant, and upon presentation of proof of the defendant’s failure to answer. (E) The above choices are all inaccurate.

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