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Philippine Bar review · Question

Practice question: Concept and Nature of Remedial Law

Multiple Choice Hard

Practice question

A proposed measure titled Court Filing Procedure changes who legally owns a debt and erases one party’s underlying entitlement, while another provision merely changes the form for asserting the claim. Which approach is best?
  1. Classify everything as procedural because of the title
  2. Classify everything as substantive because a court is mentioned
  3. Ignore the legal effect and use the document’s length
  4. Examine the provisions separately: alteration of the entitlement differs from the method of enforcing it
  5. The drafter’s preference is conclusive

Legal references

  • Estipona, G.R.226679, August15 2017; Constitution ArticleVIII Section5(5): https://lawphil.net/judjuris/juri2017/aug2017/gr_226679_2017.html

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