Short answer. Under Rule 38, Section 7, once the denial of an appeal is set aside on a granted petition for relief, the lower court must give due course to the appeal and elevate the record of the appealed case to the appellate court, treating it exactly as if a timely and proper appeal had been made in the first place.

What the law says

Where the denial of an appeal is set aside, the lower court shall be required to give due course to the appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made.

Rule 38, Section 7 — Procedure where the denial of an appeal is set aside. Read the full provision →

The specific scenario this section covers

Rule 38, Section 7 addresses a particular situation within petitions for relief: one where what actually gets set aside, through the granted petition, is the earlier denial of an appeal. In other words, the petitioner's real complaint was that an appeal had been wrongly cut off before it could even proceed, and that denial is what the petition succeeded in undoing.

The lower court's duty once that denial is set aside

Once the denial of the appeal has been set aside, the lower court is required to give due course to the appeal, treating it once again as a live appeal that must move forward through the ordinary appellate process, rather than something the petitioner has to relitigate or refile from scratch. The lower court has no further discretion to revisit whether the appeal should be allowed; that question was already resolved when the earlier denial was set aside through the petition.

Elevating the record as if nothing had gone wrong

The lower court must also elevate the record of the appealed case to the appellate court, doing so exactly as if a timely and proper appeal had been made from the very start. This restores the petitioner to the appellate position they should have occupied all along, correcting the earlier wrongful denial instead of leaving its effects in place. The appeal proceeds forward from that point exactly as it would have if the lower court had given it due course the first time, rather than starting over as an entirely new appeal.

What the lower court may not do

The lower court has no authority, once the denial has been set aside, to impose new conditions on the appeal or to otherwise treat it as freshly begun. Its role at this stage is limited to giving due course to the appeal and forwarding the record, not to relitigating whether the appeal has merit or should be allowed to proceed at all — that question was already settled when the petition for relief was granted.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.