Philippine Bar review · Question

Practice question: Collateral Attack on Judgments

Multiple Choice Medium

Practice question

A dispositive portion contains an obvious clerical interchange of mortgagor and mortgagee, while the actual adjudication is clear. Is correction necessarily a new collateral merits appeal?
  1. No; genuine clerical correction is distinct from a substantive attack
  2. Yes; every correction overturns the merits
  3. Yes; clerical mistakes automatically destroy jurisdiction
  4. Yes; only a new trial can ever address a typo
  5. Yes; every typo proves the judgment utterly void

Legal references

  • Atup v People GR229395/252705 November10,2021 MAIN nullity and clerical correction: https://lawphil.net/judjuris/juri2021/nov2021/gr_229395_2021.html

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