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DAVID LU v. PATERNO LU YM

This case has been cited 6 times or more.

2011-08-24
PEREZ, J.
This Court has consistently held that "a party cannot invoke the jurisdiction of a court to secure affirmative relief against his opponent and after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction."[43] The Supreme Court frowns upon the undesirable practice of a party submitting his case for decision and then accepting the judgment only if favorable, and attacking it for lack of jurisdiction if adverse.[44] If a party invokes the jurisdiction of a court, he cannot thereafter challenge the court's jurisdiction in the same case. To rule otherwise would amount to speculating on the fortune of litigation, which is against the policy of the Court.[45]
2011-02-15
CARPIO MORALES, J.
SO ORDERED.[4]
2011-02-15
CARPIO MORALES, J.
John Lu Ym and Ludo & Luym Development Corporation (LLDC), meanwhile, filed with leave a Motion[5] for the Issuance of an Entry of Judgment of February 2, 2010, which merited an Opposition from David Lu.
2011-02-15
CARPIO MORALES, J.
It is argued that the assailed Resolutions in the present cases have already become final,[12] since a second motion for reconsideration is prohibited except for extraordinarily persuasive reasons and only upon express leave first obtained;[13] and that once a judgment attains finality, it thereby becomes immutable and unalterable, however unjust the result of error may appear.