Log In Create Account

Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

For an ordinary Rule40 appeal, when and to whom must the appellant pay the full appellate docket and other lawful fees under §5?
  1. After the RTC decides, to the winning party.
  2. Only if the appellee demands payment.
  3. At any later time chosen by counsel.
  4. To a private courier as a substitute for court payment.
  5. Within the appeal period, to the clerk of the court that rendered the appealed judgment or final order.

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.

Answer this question in flashcards to review your response and continue practicing.