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Philippine Bar review · Question

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

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Practice question

Distinguish Rule40 §8's treatment of an MTC jurisdictional dismissal without trial from its treatment of an MTC merits trial conducted without jurisdiction, assuming the RTC has original jurisdiction.

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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