This case has been cited 1 times or more.
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2009-01-20 |
PUNO, C.J. |
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| We cannot agree with the contention of the petitioners that the district court does not have jurisdiction over the case because of an allegation in their answer with a motion to dismiss that Montañer, Sr. is not a Muslim. Jurisdiction of a court over the nature of the action and its subject matter does not depend upon the defenses set forth in an answer[25] or a motion to dismiss.[26] Otherwise, jurisdiction would depend almost entirely on the defendant[27] or result in having "a case either thrown out of court or its proceedings unduly delayed by simple stratagem.[28] Indeed, the "defense of lack of jurisdiction which is dependent on a question of fact does not render the court to lose or be deprived of its jurisdiction."[29] | |||||