Practice question
In an ordinary Rule40 appeal, an appellant demands a completely new trial as an automatic consequence of filing the notice, although no §8 jurisdictional situation or other exception exists. What does §7 generally direct?
- The RTC must always discard the MTC record.
- The MTC judge must personally retry the case in the RTC.
- The appellee alone decides the appeal.
- The RTC decides from the entire lower-court record and the memoranda filed.
- The clerk enters judgment without judicial review.
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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