Philippine Bar review · Question

Practice question: Relief from Judgment (Rule 38)

Multiple Choice Medium

Practice question

A petitioner learns of the judgment, waits seventy days without a saving circumstance, then files Rule38 within six months from entry. It says the outer limit alone is enough. Which is best?
  1. Both periods are required, so the stated knowledge-period failure defeats that timing argument
  2. Six months automatically replaces sixty days
  3. Knowledge never matters
  4. The court must ignore all periods
  5. Any late petition automatically becomes an appeal

Legal references

  • Rule38 Section3: https://lawphil.net/courts/rules/rc_1-71_civil.html

Answer this question in flashcards to review your response and continue practicing.