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Philippine Bar review · Question

Practice question: Residual Jurisdiction

Multiple Choice Hard

Practice question

An ordinary appeal is perfected, all other appeal periods expire, and the original record is transmitted. A litigant then asks the RTC to approve a compromise relying solely on Rule 41's pretransmittal residual clause. Which response is correct?
  1. The clause grants permanent authority after transmittal.
  2. The parties can extend residual jurisdiction by calling their motion urgent.
  3. The stated pretransmittal residual clause no longer supplies authority after transmittal.
  4. The trial court automatically regains the whole case.
  5. The appeal is automatically withdrawn by the request.

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 41, Section 9; Rule 42, Section 8(a).

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