Log In Create Account
Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Question Type
Question Source
0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Next

Question

An action for reconveyance of land and damages is filed in the Municipal Trial Court (MTC). The land is titled, and the relief sought would affect title to real property, which is within the exclusive original jurisdiction of the Regional Trial Court (RTC) regardless of amount. The defendant did not object to the MTC’s lack of subject-matter jurisdiction and actively participated in the proceedings (answered, presented evidence, and cross-examined witnesses). After trial, the MTC renders judgment in favor of the plaintiff. The defendant then files a motion for relief, contending lack of SMJ. (a) Identify the doctrine governing the effect of estoppel on subject-matter jurisdiction. (b) Distinguish the controlling rule on estoppel in this context from the general principle that lack of SMJ cannot be cured by consent. (c) Apply the doctrine to the facts: is the defendant barred by estoppel from challenging the MTC’s lack of SMJ, and what is the proper judicial remedy if the court truly lacked SMJ?

Choose the Best Answer

Clara

Hello