Professional Documents
Culture Documents
1 (QUIZ #1)
Answer:
Yes.
While R.A. 11576 is a legislative enactment and, therefore, could be amended,
changed or modified only by another legislative action, the Supreme Court may
still do so if expressly granted such authority under the law. Section 3 of
R.A. 11576 has expressly delegated the authority to the Supreme Court to adjust
the jurisdictional amounts for the first and the second level courts, thus, it
may modify the same subject to the limitations therein set by the law.
Answer:
The reason and the corresponding remedy that the defendant undertook are flawed.
Error in applying the law or jurisprudence merely result in an error of judgment which does not affect the
court’s jurisdiction as to render the court’s decision void save in cases where there is grave abuse of discretion
amounting to lack or excess of jurisdiction. Error of judgment may be corrected in an ordinary appeal and not by the
extra ordinary remedy of Petition for Review on Certiorari under Rule 65.
Suggested answer:
Yes, because jurisdiction is
determined by the allegations in the complaint and not by the decision
rendered by the court. Considering that the RTC has jurisdiction over claims for damages over
Php2M, the instant complaint which alleged a claim of Php5M worth of damages is well within its jurisdiction,
notwithstanding the award which is below its jurisdiction.
In the middle of
trial, a new law was passed divesting RTC of authority to hear the same. May
the RTC download the case to the MTC or should the court dismiss the same for
lack of jurisdiction? Justify your answer.
Suggested Answer:
Suggested Answer:
Yes, the court can decide on an issue even if it is not raised in the pre-trial nor in the pleadings should the other
party fail to object to the presentation of evidence that raises such issue during trial. The court would have
acquired jurisdiction over the said issue in such case and proceed to render judgment resolving such issue because
the other party will be considered to have waived questioning the same.