Philippine Bar review · Question

Practice question: Consolidation or Severance (Rule 31)

Multiple Choice Hard

Practice question

A court proposes wholesale merger, but a narrower joint hearing would resolve the common technical evidence while avoiding confusion of unrelated claims. Does Rule 31 force the broadest possible merger once any common issue exists?
  1. Yes; any overlap mandates universal merger.
  2. No; the court may select the lawful arrangement suited to cost, delay and fairness.
  3. Yes; procedural economy always requires disregarding prejudice.
  4. Yes; parties automatically acquire each other’s claims.
  5. Yes; no tailored procedural order is possible.

Legal references

  • Producers Bank of the Philippines v. Excelsa Industries, Inc., G.R. No. 173820, April 16, 2012, main decision, consolidation forms and remedy for actual merged cases: https://lawphil.net/judjuris/juri2012/apr2012/gr_173820_2012.html
  • Rules of Court, Rules 25-29, interrogatories, admissions, production and physical examination; retained text read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 Amendments to Civil Procedure, Rules 23-34, particularly the current provisions cited in each explanation: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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