Practice question
A litigant receives an RTC decision actually rendered in appellate review of an MTC judgment. She files ordinary Rule41 appeal solely because she believes the RTC should have tried the case originally. No exception excuses the improper mode. Which Maslag distinction answers her theory?
- The proper mode depends on the jurisdiction actually exercised; the merits complaint does not itself change that mode
- A claimed error automatically converts the decision to original jurisdiction
- Every RTC decision permits Rule41 appeal
- A party’s belief determines appellate authority
- An appeal route can be selected after final dismissal at will
Legal references
- Maslag v Monzon GR174908 June17,2013 MAIN: https://lawphil.net/judjuris/juri2013/jun2013/gr_174908_2013.html
- SEC v Bonifacio, appellate review of SEC quasi-judicial decisions: SEC v Bonifacio GR198425 etal January30,2024 MAIN: https://lawphil.net/judjuris/juri2024/jan2024/gr_198425_2024.html
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