Practice question
A compliant Rule42 petition is filed on time with required fees. No due-course resolution has yet issued. Counsel says perfection cannot exist until that resolution. Which is correct?
- The respondent must consent first
- Due course is the sole perfection event
- RTC approval of the petition is indispensable
- Individual perfection differs from later due course
- Petitioner must first win the merits
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
Answer this question in flashcards to review your response and continue practicing.