Practice question
All timely notice appeals have been perfected and the other parties' appeal periods have expired, but the original record has not yet been transmitted. The trial court is asked to approve a lawful compromise rather than alter an appealed merits issue. Counsel says it can do nothing whatsoever. Which is correct?
- Section9 preserves specified residual authority before transmittal, including approval of compromises.
- The trial court may freely retry every appealed issue.
- The court has no residual power of any kind.
- The plaintiff may issue the compromise judgment privately.
- Every pending appeal is automatically withdrawn by the request.
Legal references
- https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules40–45,51§8,64§3 (read with 2019 amendments).
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