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Tijam v.

Sibonghanoy

GR No. L-21450

Apr 15, 1968

Spouses Serafin and Felicitas filed a case to recover the amount of P1, 908.00 with
legal interest against spouses Sibonghanoy. The court rendered judgement in favor
of the plaintiffs and issued a writ of execution against the defendants. The plaintiffs
moved for the issuance of the writ of execution against the Suretys bond because
the prior writ was unsatisfied. The Surety moved to quash the writ but was denied
by the RTC and was also subsequently denied by the CA. The Surety then filed for a
motion asking for an extension of time in which to file a motion for reconsideration.
However, it filed a motion to dismiss instead on the ground that the Court of First
Instance had no Jurisdiction. The question of jurisdiction was raised by the Surety 15
years from the commencement of the action.

WON THE CASE SHOULD BE DISMISSED DUE TO THE LACK OF JURISDICTION

No. The Surety is barred by laches from invoking this plea for the first time on
appeal for the purpose of annulling everything done in the case with its active
participation. A party cannot invoke a courts jurisdiction and later on appeal deny it
to escape penalty.