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?
- The denial is always ordinarily appealable.
- The denial automatically becomes a Supreme Court judgment.
- The clerk must treat it as a new trial.
- The denial is expressly nonappealable; any Rule65 recourse must independently satisfy its requirements.
- 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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