Philippine Bar review · Topic
Relief from Judgment (Rule 38)
Explore Relief from Judgment (Rule 38) in Post-judgment Remedies for the Philippine Bar. Browse subtopics and published practice questions, then take a quiz…
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Practice questions
- Where is a Rule38 Section1 petition for relief ordinarily filed?
- Rule38 Section3 ordinarily requires filing within which paired limits?
- The petition must be accompanied by affidavits showing the relied-on fraud, accident, mistake or excusable negligence a…
- A petitioner learns of the judgment, waits seventy days without a saving circumstance, then files Rule38 within six mon…
- A party files within thirty days after learning of the judgment but more than six months after the relevant entry. No s…
- A litigant knowingly ignores an available appeal because it expects to negotiate later. After the period expires, it in…
- A verified Rule38 petition is timely under both limits, but it includes no affidavit of the alleged excusable event and…
- Explain why Rule38 Section3 contains two different filing clocks.
- State the core forum, ground and supporting-proof requirements for relief from judgment under Rule38.
- Distinguish relief from being prevented from appealing by a qualifying event from a deliberate decision not to appeal.
- When a Rule38 petition is sufficient in form and substance, Section4 gives adverse parties how long from receipt to ans…
- Under Section5, does preliminary injunction automatically extinguish an adverse party’s existing lien on petitioner’s p…