2013 (Remedial Law) Bar Exam Questions: Multiple Choice Question 14

[Answer/discuss the question below. Or jump to Remedial Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Remedial Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 1315, 16, 17, 18, 19 and 20; See also Remedial Law Instructions and 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

XIV.

When may a party file a second motion for reconsideration of a final judgment or final order? (1%)

(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.

7 comments

    1. Hehe jedi dont doubt your first answer, anyway for me pag final na ang judgment you cannot anymore file a second mfr because may mga remedies ka naman under the rules such as an appeal, petition for relief, annulment etc. As far as i can recall may instance naman allowed ang second mfr that is if hindi pa nag expire ang period to appeal which is tolled when you file your first mfr, when you receive an adverse decision on your first mfr i think applicable pa yung fresh period rule to appeal but if you wish to file for a 2nd mfr i also think you must do it within that fresh period. And if i remember hindi mo pwede gawin ang second mfr sa SC ata yon. But definitely a final judgment cannot be subject of mfr whether first or second kasi nga in the first place final na and when does it become final? If there is no appeal made and the period to appeal has expired so you use the other remedies, ewan ko kung tama ang view ko ha, anybody would like to comment so that i would be enlightened.

  1. B may nabasa ako na case na ganyan ang ruling exact words. Di ko lang matandaan pero recent lang siya i think it was regarding the Palea/fasap case. Basta controversial siya kasi sabi ng mga tao flip flopping. But then again anon made a good argument.

Leave a Reply

Your email address will not be published. Required fields are marked *