Philippine Bar review · Question

Practice question: Construction of Procedural Rules

Multiple Choice Medium

Practice question

A party deliberately omits adverse parties from an appeal and offers no factual reason for the omission. It invokes Rule 1, Section 6 as an automatic cure. Is that invocation sufficient?
  1. Yes; omitted parties have no due-process interest.
  2. Yes; all omissions are immaterial.
  3. Yes; saying substantial justice is conclusive.
  4. No; the court must examine the actual justification and the omitted parties' rights.
  5. Yes; the appellant alone defines fairness.

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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