Philippine Bar review · Question

Practice question: Prohibited Motions

Multiple Choice Hard

Practice question

A permitted motion seeks reconsideration of an ordinary final judgment, not reconsideration of action on affirmative defenses. The opponent says Section 12(c) prohibits every conceivable reconsideration motion. Which is sound?
  1. Every reconsideration motion is prohibited under all rules.
  2. Section 12(c)’s specific affirmative-defense prohibition must not be rewritten as a universal ban.
  3. Section 5 lists no reconsideration motion.
  4. A judgment can never be subject to any authorized reconsideration.
  5. The challenged ruling’s nature is irrelevant.

Legal references

  • 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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