Philippine Bar review · Question

Practice question: Declaratory Relief and Similar Remedies (Rule 63)

Multiple Choice Medium

Practice question

A court finds a declaration neither necessary nor proper under the circumstances in an ordinary first-paragraph action. No exception applies. Must it grant relief merely because defendant filed no refusal motion?
  1. Only a prosecutor may oppose
  2. Yes, silence abolishes judicial discretion
  3. Yes, only the claimant may question necessity
  4. Every uncontested request is mandatory
  5. No, Section5 permits motu proprio refusal

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.