Philippine Bar review · Question

Practice question: Residual Jurisdiction

Multiple Choice Medium

Practice question

During the proper Rule41 residual stage, an eligible litigant requests permission to appeal as an indigent and meets all applicable requirements. Is the trial court categorically powerless merely because appeals were perfected?
  1. Yes, the Constitution forbids such permission
  2. Yes, indigent appeals are absent from the list
  3. Yes, only the adverse party may grant permission
  4. No
  5. Yes, no residual acts concern appeals

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

Answer this question in flashcards to review your response and continue practicing.