5. Residual Jurisdiction

Residual Jurisdiction

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 appeal or in case of a petition for review under Rule 42, before the CA gives due course to the petition.

In Development Bank of the Philippines v. Carpio, We clarified that a trial court acquires residual jurisdiction over a case once a trial on the merits has been conducted, the court renders judgment, and the aggrieved party appeals therefrom.

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 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.

From the foregoing, it is clear that before the trial court can be said to have residual jurisdiction over a case, a trial on the merits must have been conducted; the court rendered judgment; and the aggrieved party appealed therefrom.

NOTE: There 3 requisites in order for a court to have residual jurisdiction:

• a trial on the merits must have been conducted;
• the court rendered judgment; and
• the aggrieved party appealed therefrom.

RESIDUAL JURISDICTION of the Court

Before the original record or record on appeal is transmitted to the appellate court, the trial court may:

• Issue orders to protect and preserve the parties’ rights, provided the orders do not concern matters raised on appeal;
• Approve compromises;
• Allow indigent litigants to appeal;
• Order execution pending appeal under Section 2, Rule 39; and
• Allow the appeal to be withdrawn.

Note: Transmittal of the record to the appellate court marks the end of the trial court’s residual jurisdiction.

Applicability of Rule 41

The other provisions of Rule 41 shall apply to appeals provided in this Rule. Thus, the inferior courts also exercise residual jurisdiction in the same manner provided under paragraph 5, Section 9 of Rule 41. (Rule 40, Sec. 9)