Philippine Bar review · Question

Practice question: Residual Jurisdiction

Multiple Choice Medium

Practice question

Within the Rule41 residual stage, an appellant requests withdrawal under all applicable conditions. Counsel objects that the residual list contains no withdrawal authority. Which is correct?
  1. The court must rewrite the appealed merits instead
  2. No withdrawal authority is mentioned
  3. Only a new trial is listed
  4. Only property valuation is listed
  5. Withdrawal is expressly listed

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.