Philippine Bar review · Question

Practice question: Concept and Nature of Remedial Law

Multiple Choice Medium

Practice question

An action remains pending when an applicable procedural rule changes the computation for pursuing a remedy. No contrary transitional direction or substantive-right alteration is involved. One party objects solely that the action was filed earlier. Which is sound?
  1. Filing permanently freezes every procedural rule.
  2. Any procedural change necessarily creates a new crime.
  3. A pending action can never receive a remedial amendment.
  4. Earlier filing alone does not establish immunity from the applicable procedural change.
  5. Every later procedural rule requires a new substantive cause of action.

Legal references

  • Spouses De los Santos v. Vda. de Mangubat, G.R. No. 149508, October 10, 2007, main decision, remedial law and pending actions: https://lawphil.net/judjuris/juri2007/oct2007/gr_149508_2007.html
  • Fil-Estate Properties, Inc. v. Homena-Valencia, G.R. No. 173942, June 25, 2008, operative reconsideration resolution, retroactive procedural application: https://lawphil.net/judjuris/juri2008/jun2008/gr_173942_2008.html

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