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

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