Definition

Residual jurisdiction refers to the authority retained by a trial court after it would normally be considered to have lost jurisdiction over a case. This concept applies at a stage where the court is typically deemed to have lost jurisdiction due to the perfection of an appeal or the expiration of the appeal period for other parties. The Regional Trial Court loses jurisdiction over the case upon the perfection of timely appeals and the expiration of the time to appeal for other parties.

Application and Scope

Despite the loss of general jurisdiction, the Regional Trial Court may still exercise certain powers under residual jurisdiction. These actions are limited and are primarily intended for the protection and preservation of the rights of the parties. Importantly, these actions must not involve any matter litigated by the appeal itself.

Examples of actions a trial court may undertake under residual jurisdiction include:

• Issuing orders for the protection and preservation of the rights of the parties.
• Approving compromises.
• Permitting appeals of indigent litigants.
• Ordering execution pending appeal in accordance with the rules (specifically Section 2 of Rule 39).
• Allowing withdrawal of the appeal.

These actions are permissible provided they are done prior to the transmittal of the original record or the record on appeal. Residual jurisdiction can also apply in the context of a petition for review under Rule 42 before the Court of Appeals gives due course to the petition. The doctrine of residual jurisdiction is a concept applied at a point when the court is normally considered to have lost jurisdiction.