Philippine Bar review · Question

Practice question: Matters Not Appealable

Multiple Choice Medium

Practice question

An RTC denies a petition for relief from judgment. Counsel proposes a notice of appeal solely from that denial, invoking ordinary appeal as an unconditional right. Which is correct under Rule41 §1?
  1. The denial is always ordinarily appealable.
  2. The denial automatically becomes a Supreme Court judgment.
  3. The clerk must treat it as a new trial.
  4. The denial is expressly nonappealable; any Rule65 recourse must independently satisfy its requirements.
  5. The plaintiff may choose any appellate tribunal.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
  • https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html — International Exchange Bank v Lee, GR243163, July4 2022, main decision.

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