Philippine Bar review · Question

Practice question: Relief from Judgment (Rule 38)

Multiple Choice Medium

Practice question

A sufficient Rule38 petition results in an answer order, but the adverse party receives neither the petition nor its supporting affidavits. It invokes Section4. Which is correct?
  1. The adverse party may never see the grounds
  2. The answer order alone replaces every attachment
  3. Only a news headline must accompany it
  4. The order is to be served with copies of the petition and accompanying affidavits
  5. The petition is confidential from its opponent

Legal references

  • Continuing Rules35 Section5;36 Sections2–6;37 Sections5,9;38 Sections4–7;41 Section2;22 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html

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