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Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Where is the Rule40 notice of appeal filed?
  1. Only in the Supreme Court.
  2. In the court that rendered the appealed judgment or final order.
  3. Only with the mayor.
  4. Only in an unrelated appellate case.
  5. Only with the defendant's employer.

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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