Philippine Bar review · Question

Practice question: Relief from Judgment (Rule 38)

Multiple Choice Hard

Practice question

The court grants Rule38 relief because a qualifying event prevented appeal. Petitioner demands an immediate favorable merits judgment without appeal-record elevation. What does Section7 require?
  1. Automatic victory on every claim
  2. Give due course to the appeal and elevate the record as if timely and proper
  3. Automatic acquittal in every civil case
  4. Destruction of the original judgment without review
  5. A private merits decision by counsel

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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