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Bar Questions Rules 36 To 38

answers to civil procedure

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49 views2 pages

Bar Questions Rules 36 To 38

answers to civil procedure

Uploaded by

IanLightPajaro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Bar Questions: Rules 36-38

1) When may a party file a second motion for reconsideration of a final


judgment or final order? (2013 BAR EXAMS)

(A) At anytime within 15 days from notice of denial of the first motion
for
reconsideration.
(B) Only in the presence of extraordinarily persuasive reasons and only
after obtaining express leave from the ruling court.
(C) A party is not allowed to file a second motion for reconsideration of a
final judgment or final order.
(D) A party is allowed as a matter of right to file a second motion for
reconsideration of a judgment or final order.
(E) None of the above.

2) Under Rule 52, a Second Motion for Reconsideration is a prohibited


pleading. However, where may such Motion be allowed? (2012 BAR
EXAMS)

a. the Sandiganbayan;
b. the Office of the President;
c. the Supreme Court;
d. None of the above.

3) Fraud as a ground for new trial must be extrinsic as distinguished


from intrinsic. Which of the following constitutes extrinsic fraud?
(2011 BAR EXAMS)

(A) Collusive suppression by plaintiff’s counsel of a material evidence


vital to his cause of action.
(B) Use of perjured testimony at the trial.
(C) The defendant’s fraudulent representation that caused damage to the
plaintiff.
(D) Use of falsified documents during the trial.

4) A motion for reconsideration of a decision is pro forma when (2011


BAR EXAMS)

(A) it does not specify the defects in the judgment.


(B) it is a second motion for reconsideration with an alternative prayer for
new trial.
(C) it reiterates the issues already passed upon but invites a second look at
the evidence and the arguments.
(D) its arguments in support of the alleged errors are grossly erroneous.

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