Philippine Bar review · Question

Practice question: Construction of Procedural Rules

Multiple Choice Hard

Practice question

A court faces a procedural lapse and a detailed request for relaxation supported by specific exceptional facts. The respondent insists the court may never consider relaxation under any circumstances. What is correct at the level of general principle?
  1. The respondent's absolute claim is always correct.
  2. The court must automatically excuse the lapse.
  3. The court may consider a properly grounded exceptional plea within its lawful discretion, weighing the rule's purpose and fairness to all parties.
  4. The court must decide solely by counting pages.
  5. The court may disregard due process whenever convenient.

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 1, Section 6.
  • https://lawphil.net/judjuris/juri2016/feb2016/gr_177382_2016.html — Viva Shipping Lines v. Keppel, G.R. 177382, February 17, 2016, main opinion, Parts II–IV.

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