This case has been cited 1 times or more.
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2008-08-06 |
YNARES-SATIAGO, J. |
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| Nor can we attribute a willful attempt by the trial court to delay the transmittal of the records of the case to the appellate court. When a motion for execution pending appeal is filed within the reglementary period for perfecting an appeal, the court must hear and resolve the motion for it would become part of the records to be elevated on appeal. Since the court has jurisdiction to act on the motion at the time it was filed, said jurisdiction continues until the matter is resolved and is not lost by the subsequent action of the opposing party.[49] | |||||