Practice question
A compliant Rule 42 appeal concerns an ordinary non-tax, non-expedited civil judgment, with no applicable immediately-executory rule and no contrary CA order. The prevailing party says the petition can never stay execution because all petitions for review have the same effect. Which is correct?
- Every petition for review is automatically non-staying under every rule
- Rule 42’s ordinary stay rule applies in the stipulated setting, subject to its stated exceptions
- The filing automatically extinguishes the judgment
- The appellant obtains judgment on the merits merely by filing
- The petition always transfers ownership of disputed property
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 42 sections 1–3, 6 and 8, ordinary RTC appellate decisions, petition requirements, extension, perfection and stay; special statutory finality or appeal routes remain controlling.
- https://lawphil.net/judjuris/juri2005/sep2005/gr_141524_2005.html — Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005, fresh fifteen-day appeal period after a proper timely motion and application to Rule 42.
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