Practice question
A litigant knowingly ignores an available appeal because it expects to negotiate later. After the period expires, it invokes Rule38 solely to obtain another ordinary merits review, without fraud, accident, mistake or excusable negligence. Which is best?
- Rule38 automatically replaces every lost appeal
- A deliberate tactical choice necessarily equals excusable negligence
- The remedy requires its own grounds and cannot routinely substitute for an appeal lost through the stated choice
- Every negotiation suspends appeal indefinitely
- The opponent must reopen the judgment
Legal references
- Rule38 Sections1–3: https://lawphil.net/courts/rules/rc_1-71_civil.html
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