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Philippine Bar review · Question

Practice question: Ordinary and Special

Multiple Choice Hard

Practice question

A specific rule governing a particular special civil action conflicts with a general ordinary-action provision on the same procedural point. A party insists the general provision always prevails because it applies to more cases. Which is best?
  1. Broader scope automatically overrides specificity
  2. The parties may ignore both rules
  3. The older-looking paper always prevails
  4. The ordinary rules apply subject to the particular special-action rule on that point
  5. Every conflict converts the case to a criminal action

Legal references

  • Rule1 Section3(a): https://lawphil.net/courts/rules/rc_1-71_civil.html

Answer this question in flashcards to review your response and continue practicing.