Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

An MTC tried an ordinary case on the merits despite lacking subject-matter jurisdiction. On appeal, the RTC has original jurisdiction over the case. Counsel insists the RTC must dismiss regardless of the record. What does Rule40 §8 provide?
  1. The defective MTC trial automatically grants the plaintiff judgment.
  2. The RTC shall not dismiss but decide under the record-review provision, without prejudice to amended pleadings and additional evidence in the interest of justice.
  3. The MTC's jurisdictional defect is never relevant.
  4. The appellate clerk alone must decide every factual issue.
  5. The parties may create MTC jurisdiction retroactively by consent.

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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