Practice question
An ordinary appellant assigns an error about a contract's legal effect and properly argues a closely related issue necessary to resolve that assigned error. The opposing party says Rule51 §8 absolutely forbids every point not separately numbered as an assignment. Which is correct?
- Every unrelated new theory must also be decided.
- Section8 allows closely related or dependent issues properly argued in the brief, alongside its other recognized exceptions.
- Only a clerical typo can ever be reviewed.
- The court must ignore subject-matter jurisdiction if unassigned.
- Every unassigned issue automatically wins.
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/courts/rules/rc_1-71_civil.html — Rules40–45,51§8,64§3 (read with 2019 amendments).
- https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html — International Exchange Bank v Lee, GR243163, July4 2022, main decision.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68062 — Lagamayo v Cullinan Group, GR227718, November11 2021, main decision (Rule51§8 exceptions).
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