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Philippine Bar review · Question

Practice question: Appeal by Certiorari to SC (Rule 45)

Multiple Choice Hard

Practice question

An RTC acts in appellate jurisdiction over a first-level civil case. The party invokes the direct purely-legal route for an RTC original judgment without analyzing Rule 42. Which is sound?
  1. Distinguish the RTC’s original and appellate capacities; Rule 42 governs the ordinary review of the latter in the CA.
  2. Every RTC ruling automatically bypasses the CA through Rule 45.
  3. Rule 42 never concerns legal questions.
  4. The capacity in which the RTC acted is irrelevant.
  5. The original first-level court’s name disappears from route analysis.

Legal references

  • Rules of Court, Rules 41-45, particularly the petition contents, comment, record and route provisions specified: https://lawphil.net/courts/rules/rc_1-71_civil.html

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