Philippine Bar review · Question

Practice question: Applicability of Procedural Laws to Pending Actions

Multiple Choice Hard

Practice question

A new procedural issuance expressly says it applies only to cases filed after its effective date. A litigant in an older pending case invokes the general principle favoring application of procedural rules to pending actions and ignores that express limitation. Which is best?
  1. A general principle always overrides specific transition text
  2. Every new rule necessarily reopens final cases
  3. The actual issuance’s express temporal limitation must be respected
  4. A party may privately change the effective date
  5. The rule must apply to every case filed since1964

Legal references

  • AM19-10-20-SC, Rule144, illustrating express transition analysis; Constitution ArticleVIII Section5(5): https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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