Practice question
A special proceeding permits separate appeals by record on appeal. A timely record concerning one specified matter is approved, and the other parties' relevant appeal periods expire. Counsel argues that the court necessarily loses jurisdiction over every other unappealed matter in the proceeding. Which is correct?
- Approval automatically removes the entire proceeding in all respects.
- The Rule states loss of jurisdiction only over the subject matter of the approved record appeal, subject to the specified conditions.
- The court can still reverse the appealed matter freely.
- No record appeal can ever be perfected.
- The adverse party alone decides the jurisdictional scope.
Legal references
- https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules40–45,51§8,64§3 (read with 2019 amendments).
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