Practice question
An eligible indigent requests appeal permission within the Rule42 residual stage before the CA gives due course. The RTC grants the permission but also purports to decide the appealed merits anew solely as part of that permission. Which distinction is correct?
- Permission automatically restores every merits power
- The listed permission does not authorize a fresh merits adjudication
- An indigent request cancels the appeal
- Indigency transfers the case back forever
- The adverse party loses all appellate rights
Legal references
- Rules41 Section9,42 Section8 and39 Section2, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Supreme Court2019 Civil Procedure text, Rules39–42: https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf
Answer this question in flashcards to review your response and continue practicing.