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WorksheetsMode of Appeal, Part 2
Total questions: 25
Worksheet time: 19mins
Atty. Cruz received a copy of the adverse judgment from the Metropolitan Trial Court (MTC) on behalf of his client on January 15. The MTC dismissed the case for lack of jurisdiction without conducting a trial on the merits. If Atty. Cruz wishes to appeal, what is the correct mode and timeline?
File a Notice of Appeal with the MTC within 15 days from January 15.
File a Petition for Review with the Court of Appeals within 15 days from January 15.
File a Record on Appeal with the MTC within 30 days from January 15.
In an ordinary appeal from a judgment of the Regional Trial Court (RTC) rendered in the exercise of its original jurisdiction, when does the RTC lose jurisdiction over the entire case?
Upon the filing of the notice of appeal.
Upon the expiration of the time to appeal of all parties.
Upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.
Appellant X filed a timely Notice of Appeal from an RTC decision. However, he failed to file his memorandum with the RTC within the 15-day period granted. What is the effect of this failure?
The RTC can grant a non-extendible 15-day extension to file the memorandum.
The appeal is deemed abandoned and may be dismissed.
The case is submitted for decision based on the appellee's memorandum alone.
A final judgment was rendered by the RTC, acting as a family court. The losing party's counsel received a copy of the decision on March 1. What is the last day to file an ordinary appeal via a Notice of Appeal?
March 15
March 16
March 31
From which of the following orders of the MTC dismissing a case for lack of jurisdiction may an appeal be taken under the exceptions provided by the rules?
An order dismissing the case without prejudice.
An order dismissing the case after a full-blown trial on the merits.
Both a and b.
A Petition for Review under Rule 42 was filed with the Court of Appeals on the 14th day. However, the full docket fees and the P500.00 deposit for costs were only paid on the 16th day, which was the last day of the reglementary period. Is the appeal perfected?
No, because payment of fees is a jurisdictional requirement that must be made within the original 15-day period, not on the last day.
No, because the payment was late, and the CA cannot grant an extension for payment.
Yes, because the petition was filed on time, and the payment was completed before the expiration of the reglementary period.
Which of the following is a ground for the Court of Appeals to dismiss a Petition for Review motu proprio?
The petitioner raised a question of fact not previously passed upon by the RTC.
The petition is patently without merit.
The petitioner failed to attach a certified true copy of the RTC decision.
A decision of the Court of Tax Appeals (CTA) Division was received by a corporation's counsel on April 10. The corporation disagrees with the decision. What is the proper procedure and sequence for appealing the decision?
File a Petition for Review with the CTA En Banc, then a Motion for Reconsideration with the CTA Division.
File a Motion for Reconsideration with the CTA Division, then a Petition for Review with the CTA En Banc.
File a Petition for Review on Certiorari directly with the Supreme Court under Rule 45.
An appeal from a quasi-judicial agency (e.g., SEC, NLRC) to the Court of Appeals is governed by:
Rule 41 (Ordinary Appeal)
Rule 42 (Petition for Review from the RTC to the CA)
Rule 43 (Appeal from the Court of Tax Appeals and Quasi-Judicial Agencies to the CA)
In a special proceeding case decided by the RTC, a party wishes to appeal. What must they file?
A Notice of Appeal.
A Record on Appeal.
Both a Notice of Appeal and a Record on Appeal.
The reglementary period for filing an appeal is generally reckoned from:
The date the judge signed the decision.
The date the party received a copy of the decision.
The date the party's counsel of record received a copy of the decision.
A Petition for Review on Certiorari under Rule 45 directly to the Supreme Court is appropriate when:
The RTC decided a case in its appellate jurisdiction and there are questions of fact.
The Court of Appeals decided a case and there are pure questions of law.
The Metropolitan Trial Court decided a case and there are mixed questions of fact and law.
Which mode of appeal allows the Supreme Court to grant a 30-day extension for filing?
Ordinary Appeal (Rule 41)
Petition for Review with the CA (Rule 42)
Appeal by Certiorari (Rule 45)
The Court of Appeals may grant only one extension to file a Petition for Review under Rule 43, and that extension is for:
15 days
30 days
60 days
In a habeas corpus case decided by the RTC, the reglementary period to file an appeal is:
15 days
30 days
48 hours
In a habeas corpus case decided by the RTC, the reglementary period to file an appeal is:
15 days
30 days
48 hours
The 'perfection' of an appeal by Record on Appeal occurs:
Upon the filing of the Record on Appeal.
Upon the approval of the Record on Appeal by the trial court.
Upon the transmittal of the Record on Appeal to the appellate court.
Which of the following is a requirement for a Petition for Review under Rule 42?
A certification against forum shopping.
A motion for extension of time to file petition.
A notice of appeal to the RTC.
If the RTC, affirming an MTC's dismissal for lack of jurisdiction, finds that it has jurisdiction over the subject matter, what should it do?
Dismiss the appeal for being the wrong remedy.
Remand the case to the MTC for further proceedings.
Try the case on the merits as if it were originally filed with it.
A party who appeals from a quasi-judicial agency to the CA via a verified petition for review must serve copies on:
The adverse party only.
The court or agency a quo only.
Both the adverse party and the court or agency a quo.
An Appeal by Certiorari under Rule 45 must raise:
Questions of fact only.
Questions of law only.
Both questions of fact and law.
Atty. Lopez filed a timely Notice of Appeal for his client from an RTC judgment. The case was elevated to the Court of Appeals. The CA then issued a notice stating that the entire record of the case had been received and that the appellant had 15 days to file a memorandum. Preoccupied with another case, Atty. Lopez completely forgot to file the appellant's memorandum. What is the most likely consequence of this failure?
The CA will decide the case based only on the appellee's memorandum.
The CA will issue an order requiring Atty. Lopez to show cause why he should not be cited for contempt.
The CA may dismiss the appeal for failure to file the required memorandum.
The RTC, in the exercise of its original jurisdiction, rendered judgment against Ramon. On appeal, the Court of Appeals affirmed the RTC decision. Ramon now wants to elevate the case further to the Supreme Court, raising only pure questions of law. What must Ramon file?
Notice of Appeal with the Court of Appeals, since it is the ordinary method of perfecting an appeal.
Verified Petition for Review under Rule 42, since questions of law or fact may be raised.
Verified Petition for Review on Certiorari under Rule 45, which must distinctly set forth only questions of law and may include an application for provisional remedies.
The Court of Appeals affirmed the RTC's judgment against Petra. She now wishes to elevate the case to the Supreme Court through a Petition for Review on Certiorari under Rule 45. Which of the following sets of conditions correctly applies to such a petition?
The petition may raise questions of fact, law, or mixed questions; must be filed within 30 days from notice of judgment; need not be verified so long as it contains substantial arguments; and the Supreme Court is bound to give it due course.
The petition must raise only questions of law, distinctly set forth; must be filed within 15 days from notice of the adverse ruling; must be verified; must pay docket and other lawful fees; must serve copies properly; and the Supreme Court may give due course only if it finds the petition manifestly meritorious, not filed for delay, and involving substantial legal issues.
The petition must raise questions of fact or law; must be filed within 15 days from judgment; must be verified; need not pay docket fees immediately; and is a matter of right once filed.
The Supreme Court received a Petition for Review on Certiorari under Rule 45 filed by DEF Corp. assailing a Court of Appeals decision. The petition, however, (a) had no certification against forum shopping, (b) was filed without proof of service on the adverse party, and (c) merely alleged that the CA 'gravely erred' without stating any specific legal issue. The SC dismissed the petition outright. DEF Corp. moved for reconsideration, insisting that since appeal is a constitutional right, the Court must still resolve the case on the merits. Was the SC correct in dismissing the petition outright?
No, because appeal is a constitutional right and cannot be denied due course for mere technical defects.
Yes, because a Rule 45 petition may be dismissed outright for failure to comply with form and content requirements, for lack of payment of fees, lack of certification, or when the petition is patently without merit, prosecuted manifestly for delay, or raises unsubstantial questions.
No, because even if defective, the SC must require the petitioner to correct the errors first before dismissal.
