Practice question
In a case requiring a record on appeal, counsel files the record on time but it has not yet been approved. Counsel argues that mere filing is the same perfection event as a notice-only appeal. Which is correct?
- Every filed record is automatically an approved record.
- No approval is ever required for a record on appeal.
- The record's title alone makes approval irrelevant.
- The appellee must approve it privately.
- Section9 separately requires approval of the timely filed record for perfection as to its subject matter.
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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