Practice question
An RTC decides an ordinary collection case as the court of first instance. The aggrieved party raises both factual and legal errors in an otherwise appealable judgment. No special appellate rule applies. Which mode is appropriate?
- Rule 42 because every RTC is an appellate court.
- Only a disciplinary complaint.
- Only a new original suit to relitigate the judgment.
- An ordinary Rule 41 appeal to the CA.
- Only a Rule 45 petition regardless of factual issues.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 41, Sections 2 and 9.
- https://lawphil.net/judjuris/juri2020/sep2020/gr_208865_2020.html — Land Bank v. Garcia, G.R. 208865, September 28, 2020, main opinion, Part I.
Answer this question in flashcards to review your response and continue practicing.