Philippine Bar review · Question

Practice question: Construction of Procedural Rules

Multiple Choice Hard

Practice question

A special-action provision clearly requires a specified step. Counsel asks the court to construe the ordinary rule as abolishing that step solely because the ordinary text is shorter. No exceptional suspension question is presented. Which is sound?
  1. Shorter text always repeals longer text
  2. Read the ordinary rule subject to the specific special-action requirement
  3. Ordinary rules always defeat special rules
  4. The label special removes all procedure
  5. Counsel’s convenience alone determines meaning

Legal references

  • Rules of Court, Rule1 Sections3 and6: https://lawphil.net/courts/rules/rc_1-71_civil.html

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