An order of the court requiring a retroactive re-dating of an order, judgment or document filing be entered or recorded in a judgment is: (1%)
(A) pro hac vice
(B) non pro tunc
(C) confession relicta verificatione
(D) nolle prosequi
Suggested answer only. Not an official answer and not legal advice.
(B) non pro tunc is the correct answer.
Under Philippine remedial law, a nunc pro tunc (rendered as non pro tunc in the choices) entry is an order of the court requiring a retroactive re-dating of an order, judgment, or document filing to be entered or recorded so as to operate as of a prior date.
Here, the judicial order described retroactively dates the entry or record as if it had been made at an earlier date to supply an omission in the record, which defines the concept of a nunc pro tunc order.
Therefore, option (B) non pro tunc is the correct choice.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What is the primary purpose of a nunc pro tunc judgment or order issued by a trial court?
The primary purpose of a nunc pro tunc order is to record a prior judicial act that was omitted from the formal record.
Can a court use a nunc pro tunc order to alter or modify the substantive terms of a final judgment?
A nunc pro tunc order cannot be used to correct judicial errors or alter substantive rulings.
What does the Latin procedural phrase "pro hac vice" mean when used in judicial rulings?
Pro hac vice means a ruling is made for a particular occasion without creating a binding precedent.
Which of the following describes the legal concept of "nolle prosequi" in criminal procedure?
Nolle prosequi is a formal declaration by the prosecutor that a criminal case will not be further prosecuted.
From what date does a valid nunc pro tunc order take legal effect?
A valid nunc pro tunc order operates retroactively from the date the judicial act was originally performed.
Learn more about these topics
1. Nunc Pro Tunc
A nunc pro tunc order is issued by a court to record a prior judicial act that was actually performed but omitted from the formal record through inadvertence or mistake. Its purpose is to make the record speak the truth as of the date the judicial action was actually taken. A nunc pro tunc order cannot be used to modify, alter, or reverse a judgment, nor can it supply judicial action that was not actually rendered at the earlier date.
2. Scope of Correction
The office of a nunc pro tunc entry is restricted to placing upon the record evidence of a judicial action that was previously made but not properly entered. It operates retroactively to the date when the judgment or order was originally rendered. Courts cannot use a nunc pro tunc order to correct judicial errors, supply omitted judicial conclusions, or alter substantive rights of the parties after a judgment has attained finality.
3. Common Legal Terms
Understanding Latin procedural maxims is essential in Philippine remedial law. Aside from nunc pro tunc, terms such as pro hac vice refer to rulings made for a particular occasion without creating precedent, while nolle prosequi signifies a formal entry by the prosecution declaring that a criminal case will not be further prosecuted. Recognizing these distinctions ensures precise application of procedural remedies and judicial orders during litigation.