Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Appellee files no memorandum. Appellant demands automatic reversal without record review; no special default rule applies. Which is correct?
  1. The case is submitted for record-based decision, not automatic reversal
  2. Every omission compels reversal
  3. The record must be destroyed
  4. All findings vanish automatically
  5. Only appellant decides the case

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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