Practice question
A special civil-action rule expressly prescribes a different procedural step from the ordinary rule. Both are valid and applicable. Counsel relies on Rule1 Section3(a) but omits its qualification. Which reading is correct?
- Treat the special action as automatically criminal
- Always erase the specific provision
- Let either party choose freely
- Apply the specific special-action provision on that step
- Ignore both provisions
Legal references
- Rules of Court, Rule1 Sections3 and6: https://lawphil.net/courts/rules/rc_1-71_civil.html
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