Practice question
An appellant files a timely notice in an ordinary notice-only appeal and complies with all other requirements. Counsel insists that a judge's separate order 'approving' the notice is always the perfection event. Which is correct?
- Every notice appeal needs record-on-appeal approval.
- The adverse party's approval controls.
- Perfection occurs only on final execution.
- Rule41 §9 fixes perfection as to that appellant at timely filing of the notice, not a universal approval order.
- The notice is merely an informal settlement proposal.
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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