Philippine Bar review · Topic

Remedy Against Denial

Explore Remedy Against Denial in New Trial or Reconsideration (Rule 37) for the Philippine Bar. Browse subtopics and published practice questions, then take a…

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Practice questions

  1. Under Rule37 Section9, what is the ordinary remedy after denial of a motion for new trial or reconsideration of an appe…
  2. Is the denial order itself independently appealed under Rule37 Section9 as though it were the original merits judgment?
  3. Does denial of reconsideration automatically prove grave abuse of discretion justifying certiorari?
  4. A timely proper motion for reconsideration of an ordinarily appealable civil judgment is denied. The party seeks correc…
  5. Counsel assumes that because the reconsideration denial is not independently appealable, no review of the original appe…
  6. After denial of a timely proper reconsideration motion, a losing party wants an appellate court to reweigh evidence. It…
  7. A court denies reconsideration of its final judgment. The challenger establishes a concrete allegation potentially amou…
  8. Explain why the denial of reconsideration and the underlying judgment must be distinguished for ordinary appeal.
  9. Does Rule37 Section9 automatically authorize certiorari whenever reconsideration is denied?
  10. A party misses the ordinary appeal after its reconsideration motion is denied. Why does calling the denial void not its…
  11. After reconsideration is denied, does identifying the original judgment’s appellate character remain necessary?
  12. For an RTC judgment rendered in appellate jurisdiction, does Rule41 Section2(b) identify a petition for review to the C…