Mode of Appeal, Part 2

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.