Philippine Bar review · Question

Practice question: Construction of Procedural Rules

Multiple Choice Medium

Practice question

A special civil-action rule is silent on a procedural point. An ordinary civil-action provision validly governs that point and conflicts with no special provision. Counsel claims the word special excludes every ordinary rule. Which is correct?
  1. The judge may never consult the Rules
  2. All ordinary rules are categorically excluded
  3. Only oral agreements govern the gap
  4. The case must be dismissed solely because it is special
  5. The claim contradicts Rule1 Section3(a)

Legal references

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

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