Philippine Bar review · Question

Practice question: Concept

Multiple Choice Hard

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?
  1. The relief and governing rule must be examined; foreclosure has its special civil action framework
  2. Every debt-related action is classified identically
  3. Security can never affect procedure
  4. Every money dispute is probate
  5. 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

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