You're currently signed in as:
User

BOSTON EQUITY RESOURCES v. CA

This case has been cited 4 times or more.

2016-01-15
BRION, J.
As a general rule, lack of jurisdiction over the subject matter may be raised at any time, or even for the first time on appeal.[12] An exception to this rule is the principle of estoppel by laches.[13]
2016-01-13
REYES, J.
As for the claim that SHHA violated BDO's right to due process when on appeal it "belatedly" presented a certification to the HLURB Board of Commissioners that in May 1987 an approved alteration of the subdivision plan renamed Block 10 of Sunnyside Heights Subdivision as Block 7 but retained it as open space, let it suffice that in view of BDO's continuing objection to HLURB's jurisdiction, it cannot now complain that additional documentary proof has been adduced confirming its jurisdiction. As the agency tasked to oversee the specific compliance by developers with their contractual and statutory obligations, such as maintaining the open space as non-alienable and non-buildable, there is no doubt that the HLURB is empowered to annul the subject mortgage. For if a party may continually interpose the HLURB's lack of jurisdiction, even raising the same for the first time on appeal, since jurisdictional issues cannot be waived, then BDO is estopped to complain that on appeal SHHA is finally able to present proof of HLURB's jurisdiction over the present action.[33]
2014-11-26
LEONEN, J.
There are several aspects of jurisdiction.[143]  Jurisdiction over the subject matter is "the power to hear and determine cases of the general class to which the proceedings in question belong."[144]  It is conferred by law, which may either be the Constitution or a statute.[145]  Jurisdiction over the subject matter means "the nature of the cause of action and the relief sought."[146]  Thus, the cause of action and character of the relief sought as alleged in the complaint are examined to determine whether a court had jurisdiction over the subject matter.[147]  Any decision rendered by a court without jurisdiction over the subject matter of the action is void.[148]
2014-04-07
BRION, J.
We cannot allow and simply passively look at Ting Guan's blatant disregard of the rules of procedure in the present case. The Rules of Court only allows the filing of a motion to dismiss once.[32]  Ting Guan's filing of successive motions to dismiss, under the guise of "supplemental motion to dismiss" or "motion for reconsideration", is not only improper but also dilatory.[33]  Ting Guan's belated reliance on the improper service of summons was a mere afterthought, if not a bad faith ploy to avoid the foreign arbitral award's enforcement which is still at its preliminary stage after the lapse of almost a decade since the filing of the complaint.