Practice question
An RTC resolves a separate claim against one defendant while the main case remains pending. The court has not allowed a separate appeal. Does Rule41 §1 automatically permit an immediate appeal from that disposition?
- Yes, every partial disposition is automatically appealable.
- Yes, a party's demand supplies the court's permission.
- Yes, if any amount of money is involved.
- Yes, because the main case's pendency is irrelevant.
- No; this category is nonappealable while the main case is pending unless the court allows the appeal.
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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