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ROSALINDA PUNZALAN v. DENCIO DELA PEÑA

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GR NOS. 165510-33
2005-09-23
BENJAMIN T. ROMUALDEZ v. SIMEON V. MARCELO
YNARES-SANTIAGO, J.
In Punzalan v. Dela Peña,[35] lack of jurisdiction and excess of jurisdiction were distinguished.  Respondent acts without jurisdiction if he does not have the legal power to determine the case.  Where the respondent, being clothed with the power to determine the case, oversteps his authority as determined by law, then he is performing a function in excess of his jurisdiction.