Philippine Bar review · Question

Practice question: Remedy Against Denial

Multiple Choice Hard

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?
  1. The underlying judgment is the object of ordinary appeal; denial is not independently appealable
  2. The denial replaces the judgment as a new independent final merits adjudication
  3. An appeal must ignore the original judgment
  4. Only a second new-trial motion is available
  5. 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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