Practice question
A party lets the ordinary appeal period expire, then files certiorari alleging only that the RTC misunderstood foreign law. The record shows valid jurisdiction and no grave abuse, exceptional relaxation basis or other recognized exception. Can the lost appeal be revived by relabeling the error?
- No
- Yes, any merits disagreement restarts the appeal period
- Yes, certiorari automatically replaces every lost appeal
- Yes, foreign law eliminates procedural deadlines
- Yes, a new caption makes the judgment void
Legal references
- Asilo v. Gonzales-Betic, GR232269, July10,2024, error of judgment versus jurisdiction: https://lawphil.net/judjuris/juri2024/jul2024/gr_232269_2024.html
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