Philippine Bar review · Question

Practice question: Appeal from RTC (Rule 41)

Multiple Choice Hard

Practice question

In a case requiring a record on appeal, a party timely submits its proposed record but argues that submission alone perfects the appeal with respect to its subject matter even though approval has not occurred. What does Section 9 specify?
  1. Only the date of the first hearing matters.
  2. Perfection as to the party and that subject matter occurs upon approval of the timely filed record on appeal.
  3. No approval can ever matter.
  4. The party may privately deem the record approved.
  5. Every record-on-appeal case follows only the notice-filing rule.

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.

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