Philippine Bar review · Question

Practice question: Relief from Judgment (Rule 38)

Multiple Choice Easy

Practice question

If Rule38 relief from denial of appeal is granted, does Section7 require giving due course to the appeal and elevating the record?
  1. Only a new criminal case is filed
  2. No, the petitioner automatically wins the merits
  3. Yes
  4. The appeal record must be destroyed
  5. Only the adverse party may decide

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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