Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

The clerk receives appellant’s memorandum before appellee does. Counsel starts appellee’s period solely from clerk receipt. Which is correct?
  1. The period starts before the memorandum exists
  2. Clerk receipt always controls appellee’s clock
  3. Only judgment date matters
  4. Appellant may choose any date
  5. Use appellee’s receipt of the memorandum

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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