Philippine Bar review · Question

Practice question: Construction of Procedural Rules

Multiple Choice Hard

Practice question

Two plausible readings of an otherwise ambiguous procedural phrase exist. One avoids needless repetition while preserving a meaningful hearing; the other requires costly duplication serving no procedural purpose. No express rule commands duplication. Which consideration supports the former reading?
  1. Rule1 Section6’s just, speedy and inexpensive disposition objective
  2. An absolute entitlement to victory
  3. A power to eliminate every hearing
  4. A mandate to maximize litigation expense
  5. A right to ignore all specific provisions

Legal references

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

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