Philippine Bar review · Question

Practice question: Relief from Judgment (Rule 38)

Multiple Choice Hard

Practice question

A verified Rule38 petition is timely under both limits, but it includes no affidavit of the alleged excusable event and no facts supporting a good and substantial defense. Counsel says verification alone supplies every missing requirement. Which is best?
  1. Verification automatically proves all merits
  2. Timeliness eliminates every content requirement
  3. The plaintiff’s allegations become false automatically
  4. Section3 separately requires the affidavits and merits facts; verification alone does not replace them
  5. Any petition automatically stays enforcement forever

Legal references

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

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