Philippine Bar review · Topic

Construction of Procedural Rules

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  1. Which construction of a procedural provision best reflects Rule1 Section6’s reference to every action and proceeding?
  2. A special civil-action rule expressly prescribes a different procedural step from the ordinary rule. Both are valid and…
  3. A special civil-action rule is silent on a procedural point. An ordinary civil-action provision validly governs that po…
  4. Two plausible readings of an otherwise ambiguous procedural phrase exist. One avoids needless repetition while preservi…
  5. A special-action provision clearly requires a specified step. Counsel asks the court to construe the ordinary rule as a…
  6. A special civil action has an express rule on a procedural step, but counsel invokes a different ordinary rule. Explain…
  7. A special-action rule is silent on a point covered by a compatible ordinary civil-action provision. Is the ordinary rul…
  8. Two reasonable interpretations of an ambiguous procedural phrase preserve a fair hearing, but one imposes pointless rep…