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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

An MTC dismisses an ordinary civil case without trial for lack of subject-matter jurisdiction. On appeal, the RTC affirms that jurisdictional dismissal and itself has original jurisdiction over the case. What does Rule40 §8 direct?
  1. The RTC tries the case on the merits as if originally filed there.
  2. The RTC must always end the matter and require a new action elsewhere.
  3. The RTC must order the MTC to try a case it lacks jurisdiction to hear.
  4. The plaintiff automatically wins the merits.
  5. The appeal is converted into a criminal prosecution.

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/juri2005/sep2005/gr_141524_2005.html — Neypes v CA, GR141524, September14 2005, en banc main decision.

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