Philippine Bar review · Question

Practice question: Construction of Procedural Rules

Multiple Choice Medium

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?
  1. Treat the special action as automatically criminal
  2. Always erase the specific provision
  3. Let either party choose freely
  4. Apply the specific special-action provision on that step
  5. 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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