Philippine Bar review · Question

Practice question: Residual Jurisdiction

Multiple Choice Medium

Practice question

Within the Rule 41 residual stage, an RTC proposes an order protecting parties' rights that does not involve a matter litigated by the appeal. Does the rule identify such protective authority?
  1. No; every protective order is forbidden.
  2. Yes, subject to the rule's limits and the actual nature of the order.
  3. Yes, including unrestricted reversal of the merits.
  4. Only if the appellant wins first.
  5. Only if both parties abandon all claims.

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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