This case has been cited 2 times or more.
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2006-11-30 |
CARPIO MORALES, J. |
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| It is axiomatic that what determines the nature of an action, as well as which court has jurisdiction over it, are the allegations in the complaint and the character of the relief sought.[15] In the determination of jurisdiction, the status or relationship of the parties, as well as the nature of the question that is the subject of their controversy, is also considered.[16] | |||||
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2005-11-22 |
CALLEJO, SR., J. |
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| Indeed, the jurisdiction of the court or tribunal is not affected by the defenses or theories set up by the defendant or respondent in his answer or motion to dismiss.[25] Jurisdiction should be determined by considering not only the status or the relationship of the parties but also the nature of the issues or questions that is the subject of the controversy.[26] If the issues between the parties are intertwined with the resolution of an issue within the exclusive jurisdiction of the DARAB, such dispute must be addressed and resolved by the DARAB.[27] The proceedings before a court or tribunal without jurisdiction, including its decision, are null and void, hence, susceptible to direct and collateral attacks.[28] | |||||