Practice question
A creditor seeks a personal money judgment in one suit and proper judicial foreclosure of real mortgage security in another authorized setting. Counsel says identical financial background requires identical procedural classification. Which is sound?
- The relief and governing rule must be examined; foreclosure has its special civil action framework
- Every debt-related action is classified identically
- Security can never affect procedure
- Every money dispute is probate
- Party names alone determine classification
Legal references
- Rules1 and62–70, special civil actions and specific procedural provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
- 2019 amendments AM19-10-20-SC, retained special civil action provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.