Pete, I think Baboyako is correct.
I was refused and took legal advise on this very matter. On the application form for the visa application there is a question, which goes something like this. 'Have you ever previously applied for a visa, or is there any current appeals pending in regard to a similiar visa application by yourself ?
They do cross check this according to my Immigration advisor/lawyer, and if you make a false statement they fail both second application and on the appeal.
Personally we sent a bundle of documents in the form of an appeal, and also a covering letter requesting that the embassy themsleves review the new documents and then issue a visa, and if they were'nt prepared to do that they then register the new documents as part of our appeal.
Incidentally they never reviewed the new documents until 3 days before they had to reply with their evidence for refusal to the appeal court. At this point they could clearly see they were in the wrong, and issued the visa as originally requested in my covering letter. So although we were originally refused we gave the embassy in Manilla the chance to review the new evidence before appeal. It speeded things up by about 3 months.
On the other hand it is possible to appeal and re-apply, but the timing would have to be so precise I wouldnt advise doing it that way,cos the consequences are too great if your found out.