Philippine Bar review · Question

Practice question: Receivership (Rule 59)

Multiple Choice Hard

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?
  1. Section1 provides that the appellate court may allow the application to be filed and decided in the court of origin
  2. The trial court always has unrestricted authority despite the appeal
  3. Receivership is absolutely impossible during appeal
  4. The clerk alone can appoint a receiver
  5. 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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