Practice question
During an appeal, a litigant asks the trial court to appoint a receiver over the subject property. It argues that the trial court may act automatically without any appellate authorization because it originally heard the case. Which is best?
- Section1 provides that the appellate court may allow the application to be filed and decided in the court of origin
- The trial court always has unrestricted authority despite the appeal
- Receivership is absolutely impossible during appeal
- The clerk alone can appoint a receiver
- An appeal automatically makes the applicant receiver
Legal references
- Rule59 Section1, final paragraph: https://lawphil.net/courts/rules/rc_1-71_civil.html
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