Philippine Bar review · Question

Practice question: Applicability of Procedural Laws to Pending Actions

Multiple Choice Hard

Practice question

A party claims a vested substantive entitlement to the continued use of an earlier procedural vehicle solely because it selected that vehicle before an amendment. No express exclusion, impaired substantive right or due-process difficulty exists. Is selection alone enough?
  1. No, it does not create a vested right to unchanged procedure
  2. Yes, selecting a form makes it substantive property
  3. Yes, counsel can prohibit later procedural rules
  4. Yes, every procedural disadvantage violates vested rights
  5. Yes, all new procedure is a penal increase

Legal references

  • Cabarios v. People, GR228097-103 and228139-41, September29,2021, application of2018 Sandiganbayan rules: https://lawphil.net/judjuris/juri2021/sep2021/gr_228097-103_2021.html

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