Philippine Bar review · Question

Practice question: Consolidation or Severance (Rule 31)

Multiple Choice Hard

Practice question

In the actual consolidation and joint decision examined in Producers Bank, the cases lost separate identity. A party nevertheless treats the decision as two separate controversies and pursues appeal and an additional Rule 65 action for the overlapping issues. What did the Court reject?
  1. The asserted entitlement to split review of the actually merged cases through those separate remedies.
  2. Every joint hearing always preserves two unlimited review opportunities.
  3. A second route necessarily is proper because the original docket numbers differed.
  4. The word certiorari creates an adequate substitute for available appeal automatically.
  5. The original separate filing dates permanently prevent actual consolidation.

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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