Philippine Bar review · Question

Practice question: Residual Jurisdiction

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Practice question

A party argues that residual jurisdiction automatically authorizes execution pending appeal whenever a judgment has been appealed. Assess the claim without assuming that the conditions of Rule 39, Section 2 have been met.

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 41, Section 9; Rule 42, Section 8(a).
  • https://lawphil.net/judjuris/juri2017/feb2017/gr_195450_2017.html — Development Bank of the Philippines v. Carpio, G.R. 195450, February 1, 2017, main opinion.

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