Practice question
Does the residual clause’s reference to execution pending appeal incorporate Rule39 Section2?
- No, appeal always requires immediate execution
- No, execution becomes unconditional
- Yes
- Only private consent is relevant
- Only the clerk’s preference controls
Legal references
- Rules41 Section9,42 Section8 and39 Section2, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Supreme Court2019 Civil Procedure text, Rules39–42: https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf
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