Philippine Bar review · Question

Practice question: Applicability of Procedural Laws to Pending Actions

Multiple Choice Hard

Practice question

In a pending action, a party calls a new measure procedural although its operation would take away the opponent’s established substantive entitlement. The party also ignores an express transition exception. Which analysis is best?
  1. The procedural label conclusively permits deprivation
  2. All pending cases necessarily lose substantive protections
  3. Only the measure’s title matters
  4. Examine the actual substantive effect and transition terms; pending status does not erase constitutional limitations
  5. Any new measure automatically controls completed final judgments

Legal references

  • Constitution ArticleVIII Section5(5); AM19-10-20-SC Rule144: https://lawphil.net/consti/cons1987.html

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