Philippine Bar review · Question

Practice question: Appeal from MTC to RTC (Rule 40)

Multiple Choice Hard

Practice question

A special-proceeding MTC appeal requires a record on appeal. Counsel files only notice and says Rule40 never requires a record. Which is correct?
  1. Rule40 forbids every record
  2. Section3 expressly contemplates that requirement
  3. Every special proceeding is small claims
  4. Only a private summary is permitted
  5. The appeal label removes all document requirements

Legal references

  • Rules40–45 and51, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 amendments, AM19-10-20-SC: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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