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Philippine Bar review · Question

Practice question: Cases under Expedited Procedure (AM 08-8-7-SC, Rule IV, Secs. 17–18)

Multiple Choice Hard Jurisprudence

Practice question

An individual party cannot personally attend a small-claims hearing for a valid cause. She sends a nonlawyer representative with an SPA authorizing only receipt of notices, expressly withholding authority to settle or make admissions. Is the representative’s authority adequate under Rule IV, Section 17?
  1. Yes, because nonlawyer status is the only condition
  2. Yes, because any SPA is sufficient regardless of its contents
  3. Yes, because the opposing party can supply settlement authority
  4. No; the required authority includes amicable settlement and stipulations or admissions of facts and documentary exhibits
  5. No; all representation is absolutely forbidden even for a valid cause

Legal references

  • https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — A.M. 08-8-7-SC, March 1, 2022, Rules on Expedited Procedures in the First Level Courts, Rule IV, Sections 17–18, printed pages 2035–2036.

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