Philippine Bar review · Question

Practice question: Issues Cognizable

Multiple Choice Easy Jurisprudence

Practice question

Under Rule51 §8, which issue may be considered despite not being assigned as an error because of its jurisdictional character?
  1. Any new unrelated factual claim whatsoever.
  2. Only a party's private preference.
  3. Jurisdiction over the subject matter.
  4. Only the number of lawyers appearing.
  5. Only the prevailing party's favorite argument.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules40–45,51§8,64§3 (read with 2019 amendments).
  • https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html — International Exchange Bank v Lee, GR243163, July4 2022, main decision.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68062 — Lagamayo v Cullinan Group, GR227718, November11 2021, main decision (Rule51§8 exceptions).

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