Beruflich Dokumente
Kultur Dokumente
[eamtrinidad]
On appeal to the CA, he challenged for the first time the jurisdiction of the RTC
o Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts in Criminal Cases xxx (2) Exclusive
original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless
of other imposable accessory or other penalties xxx
o As the imposable penalty for the crime charged herein is prision
correccional in its medium and maximum periods or imprisonment for 2
years, 4 months and 1 day to 6 years,13 jurisdiction to hear and try the
same is conferred on the Municipal Trial Courts (MTCs)
Both the CA and the SolGen acknowledge the above fact and yet, the CA held
he was already estopped by laches from asserting the RTCs lack of jurisdiction
This was because CA considered the petitioner to have actively participated in
the trial and belatedly attacked the jurisdiction of the RTC
Hence, this petition for review on certiorari
PROCEDURE SUMMARY
Action
Petitioner: Appeal of RTC decision
convicting him
Petitioner: Petition for review on
certiorari
Decision
CA: Affirmed conviction, modified
damages
SC: Granted, dismissed the criminal
case
ISSUE
1. WON petitioners attack on the RTCs jurisdiction was barred by
estoppel by laches NO
RATIO
1. WON petitioners attack on the RTCs jurisdiction was barred by
estoppel by laches NO.
a. The general rule remains: a court's lack of jurisdiction may be raised at
any stage of the proceedings, even on appeal. The reason is that
jurisdiction is conferred by law, and lack of it affects the very authority of
the court to take cognizance of and to render judgment on the action.
Moreover, jurisdiction is determined by the averments of the complaint,
not by the defenses contained in the answer.
b. Jurisdiction of a court over the subject-matter of the action is a matter of
law and may not be conferred by consent or agreement of the parties. The
lack of jurisdiction of a court may be raised at any stage of the
proceedings, even on appeal.
c. The case of Tijam vs. Sibonghanoy is the exception, not the rule.
i. The reason why estoppel by laches was upheld in this case was the
fact that the defense of lack of jurisdiction was raised FIFTEEN
YEARS after the questioned ruling had been rendered.
ii. Laches is "failure or neglect, for an unreasonable and unexplained
length of time, to do that which, by exercising due diligence, could
or should have been done earlier; it is negligence or omission to
assert a right within a reasonable time, warranting a presumption