Philippine Bar review · Question

Practice question: Relief from Judgment (Rule 38)

Multiple Choice Hard

Practice question

After hearing, the court finds the verified Rule38 allegations untrue. The petitioner insists verification compels relief despite that finding. Which is correct?
  1. Section6 directs dismissal if the allegations are found untrue
  2. Verification makes the allegations irrebuttable
  3. The court must grant relief without regard to evidence
  4. Only the petition’s title controls
  5. An adverse answer cannot be considered

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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