Philippine Bar review · Question

Practice question: Default (Rule 9, Sec. 3)

Multiple Choice Medium

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?
  1. No; the cases recognize the appeal even without a prior motion to set aside default
  2. Yes; a prior motion is invariably indispensable
  3. Yes; default eliminates final-judgment review
  4. Yes; only a prosecutor may appeal
  5. 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

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