Log In Create Account

Philippine Bar review · Question

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

Multiple Choice Medium

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?
  1. The RTC must always discard the MTC record.
  2. The MTC judge must personally retry the case in the RTC.
  3. The appellee alone decides the appeal.
  4. The RTC decides from the entire lower-court record and the memoranda filed.
  5. 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.

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