Practice question
A claimant argues that because its similar remedy is excepted from Section5’s ordinary discretion, the court must award it relief despite unproved elements. Which is sound?
- Every exception guarantees victory
- The exception does not itself prove substantive entitlement
- All title elements vanish
- The defendant loses every defense
- The court must invent missing facts
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.