Practice question
A party timely appeals an ordinarily appealable original RTC judgment after denial of new trial, but seeks relief only against a supposed separate merits judgment embodied in the denial order. Counsel refuses to identify error in the actual judgment. What distinction is required?
- The underlying judgment is the object of ordinary appeal; denial is not independently appealable
- The denial replaces the judgment as a new independent final merits adjudication
- An appeal must ignore the original judgment
- Only a second new-trial motion is available
- The defendant may privately cancel both orders
Legal references
- Continuing Rules35 Section5;36 Sections2–6;37 Sections5,9;38 Sections4–7;41 Section2;22 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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