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?
- Only a prosecutor may oppose
- Yes, silence abolishes judicial discretion
- Yes, only the claimant may question necessity
- Every uncontested request is mandatory
- 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.