Practice question
A defaulted defendant timely appeals the judgment as contrary to law. No motion to lift default was earlier filed. Is that omission by itself an absolute bar to the recognized appeal?
- No; the cases recognize the appeal even without a prior motion to set aside default
- Yes; a prior motion is invariably indispensable
- Yes; default eliminates final-judgment review
- Yes; only a prosecutor may appeal
- Yes; the appellant must first win a separate action
Legal references
- 2019 Civil Procedure Amendments, relevant current Rules9–12: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Court, relevant unchanged provisions of Rules9–12: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Rodriguez v Government of USA GR251830 June28,2021 MAIN default remedies: https://lawphil.net/judjuris/juri2021/jun2021/gr_251830_2021.html
Answer this question in flashcards to review your response and continue practicing.