This case has been cited 4 times or more.
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2011-09-07 |
VILLARAMA, JR., J. |
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| Lack of jurisdiction as a ground for annulment of judgment refers to either lack of jurisdiction over the person of the defending party or over the subject matter of the claim.[16] In a petition for annulment of judgment based on lack of jurisdiction, petitioner must show not merely an abuse of jurisdictional discretion but an absolute lack of jurisdiction. Lack of jurisdiction means absence of or no jurisdiction, that is, the court should not have taken cognizance of the petition because the law does not vest it with jurisdiction over the subject matter. Jurisdiction over the nature of the action or subject matter is conferred by law.[17] | |||||
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2005-11-22 |
CORONA, J. |
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| In a petition for annulment of judgment based on lack of jurisdiction, the petitioner must show not merely an abuse of jurisdictional discretion but an absolute lack of jurisdiction.[15] Thus, the concept of lack of jurisdiction as a ground to annul a judgment does not embrace abuse of discretion. | |||||
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2004-01-20 |
TINGA, J, |
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| Since the RTC properly acquired jurisdiction over the parties, what remains for determination is whether it had acquired jurisdiction over Nadina's cause of action. It should be emphasized that jurisdiction over the nature of the action or the subject matter is conferred by law. This Court's recent holding in Durisol Philippines, Inc. v. Court of Appeals[52] is instructive in this regard:[I]t should be stressed that in a petition for annulment of judgment based on lack of jurisdiction, petitioner must show not merely an abuse of jurisdictional discretion but an absolute lack of jurisdiction. Lack of jurisdiction means absence of or no jurisdiction, that is, the court should not have taken cognizance of the petition because the law does not vest it with jurisdiction over the subject matter.[53] | |||||
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2004-01-20 |
TINGA, J, |
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| [I]t should be stressed that in a petition for annulment of judgment based on lack of jurisdiction, petitioner must show not merely an abuse of jurisdictional discretion but an absolute lack of jurisdiction. Lack of jurisdiction means absence of or no jurisdiction, that is, the court should not have taken cognizance of the petition because the law does not vest it with jurisdiction over the subject matter.[53] | |||||