Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Under Rule40 §7, when must the appellant submit the appellate memorandum after the RTC clerk notifies the parties of receipt of the complete record?
  1. Within forty-eight hours in every ordinary civil case.
  2. Only after the RTC has decided the appeal.
  3. Within fifteen days from that notice.
  4. Only if the appellee first requests it.
  5. At any time before execution, without a deadline.

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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