Philippine Bar review · Question

Practice question: Remedy Against Denial

Multiple Choice Hard

Practice question

After denial of a timely proper reconsideration motion, a losing party wants an appellate court to reweigh evidence. It deliberately lets the available ordinary appeal expire, then labels the denial void without showing a jurisdictional defect. Which is best?
  1. The label automatically revives ordinary review
  2. Every missed appeal creates a Rule65 right
  3. The denial’s nonappealability does not justify using certiorari as a routine substitute for a lost appeal against mere judgment error
  4. A new caption makes the judgment interlocutory
  5. The opponent must consent to reopening

Legal references

  • Rule37 Section9; Rule65 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html

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