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  • Rule 9: Effect of Failure To Plead

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    Hanz Ky
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    Private respondents filed a civil case against petitioners who failed to file an answer on time and were declared in default. The respondent judge disqualified petitioner Perfecta as a witness based on the motion of private respondents that she lost standing in court as a defaulted party. The Supreme Court held that Perfecta should not be disqualified from appearing as a witness since there is no rule barring defaulted parties from testifying for non-defaulting parties, even if they cannot participate in the trial themselves. A defaulted defendant can still testify as a witness for other non-defaulting defendants.

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    Rule 9

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    Private respondents filed a civil case against petitioners who failed to file an answer on time and were declared in default. The respondent judge disqualified petitioner Perfecta as a witness based on the motion of private respondents that she lost standing in court as a defaulted party. The Supreme Court held that Perfecta should not be disqualified from appearing as a witness since there is no rule barring defaulted parties from testifying for non-defaulting parties, even if they cannot participate in the trial themselves. A defaulted defendant can still testify as a witness for other non-defaulting defendants.

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    © All Rights Reserved
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    5 views1 page

    Rule 9: Effect of Failure To Plead

    Uploaded by

    Hanz Ky
    Private respondents filed a civil case against petitioners who failed to file an answer on time and were declared in default. The respondent judge disqualified petitioner Perfecta as a witness based on the motion of private respondents that she lost standing in court as a defaulted party. The Supreme Court held that Perfecta should not be disqualified from appearing as a witness since there is no rule barring defaulted parties from testifying for non-defaulting parties, even if they cannot participate in the trial themselves. A defaulted defendant can still testify as a witness for other non-defaulting defendants.

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    © All Rights Reserved
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    Rule 9: Effect of Failure to Plead

    PERFECTA, PRIMITIVO and CAVILI v. TEODORO FLORENDO (Oct 09, 1987)

    Facts:
    Private respondents filed civil case against petitioners for which summons was issued to them. After failing to
    file an answer within the time allowed, they were declared in default. Respondent Judge disqualified petitioner as a
    witness upon a motion for her disqualification filed by private respondents, alleging Perfecta has lost her standing in court
    and she cannot be allowed to participate in all premise even as a witness.

    Issue:
    Whether or not Perfecta should be disqualified to appear as witness.

    Held:
    No. She should be qualified to appear as witness. There is no provision of the Rules disqualifying
    parties declared in default from taking the witness stand for non-disqualified parties. A defendant
    declared in default cannot take part in the trial, but he cannot be disqualified from testifying as a witness
    in favor of non-defaulting defendants.

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