Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Under Rule40 §1, where is an appeal from an appealable MTC judgment or final order taken?
  1. To the RTC exercising jurisdiction over the area to which the MTC pertains.
  2. Directly to any RTC chosen by the appellant.
  3. Always directly to COMELEC.
  4. Always directly to the Supreme Court by notice.
  5. To the barangay council as an appellate court.

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.