What is Residual Jurisdiction?

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“Residual jurisdiction refers to the authority of the trial court to issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal; to approve compromises; to permit appeals by indigent litigants; to order execution pending appeal in accordance with Section 2, Rule 39; and to allow the withdrawal of the appeal, provided these are done prior to the transmittal of the original record or the record on appeal, even if the appeal has already been perfected or despite the approval of the record on appeal24 or in case of a petition for review under Rule 42, before the CA gives due course to the petition.

The “residual jurisdiction” of the trial court is available at a stage in which the court is normally deemed to have lost jurisdiction over the case or the subject matter involved in the appeal. This stage is reached upon the perfection of the appeals by the parties or upon the approval of the records on appeal, but prior to the transmittal of the original records or the records on appeal. In either instance, the trial court still retains its so-called residual jurisdiction to issue protective orders, approve compromises, permit appeals of indigent litigants, order execution pending appeal, and allow the withdrawal of the appeal.”

DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner vs. HON. EMMANUEL C. CARPIO, in his capacity as Presiding Judge, Regional Trial Court, Branch 16, Davao City, COUNTRY BANKERS INSURANCE CORPORATION, DABAY ABAD, HATAB ABAD, OMAR ABAS, HANAPI ABDULLAH, ROJEA AB ABDULLAH, ABDULLAH ABEDIN, ALEX ABEDIN, et al., represented by their Attorney-in-Fact, MR. MANUEL L. TE,  (G.R. No. 195450, February 1, 2017)

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