Philippine Bar review · Question

Practice question: Petition for Review from RTC to CA (Rule 42)

Multiple Choice Medium

Practice question

The CA orders a Rule42 comment. Respondent instead files only a motion to dismiss, claiming Section4 demands it. Which is correct?
  1. No response may be filed
  2. The dismissal motion is the required vehicle
  3. Respondent must file a new complaint
  4. Only the RTC may oppose
  5. Section4 specifies a comment, not that motion

Legal references

  • Rules40–45 and51, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 amendments, AM19-10-20-SC: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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