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Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Civil Case No. 2023-CR-88, Regional Trial Court, Branch 9. Judgment was rendered on January 10, 2024, and a copy was served on January 12, 2024. On January 25, 2024, the losing party timely filed a motion for new trial under Rule 50. The RTC denied the motion on February 28, 2024. The losing party filed a notice of appeal with the trial court on March 15, 2024. The record on appeal was prepared and filed on April 20, 2024.
a) Identify the controlling doctrine on perfection of an appeal under Rule 122 and its effect on timeliness when a timely motion for new trial is filed.
b) Determine whether the notice of appeal was timely in light of the sequence above.
c) If timely, outline the next essential steps to perfect the appeal in the Court of Appeals; if not timely, state the available remedy to challenge the RTC ruling.