Sps. Gonzaga Vs - Ca, Hon. Quirico G. Defensor, and Lucky Homes, Inc
Sps. Gonzaga Vs - Ca, Hon. Quirico G. Defensor, and Lucky Homes, Inc
Sps. Gonzaga Vs - Ca, Hon. Quirico G. Defensor, and Lucky Homes, Inc
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ISSUE: Whether or not the Spouses Gonzaga are estopped from questioning the jurisdiction of the
RTC to try the case.
RULING: Yes. Supreme Court held that the Sps. Gonzaga are estopped from questioning the
jurisdiction of the RTC to try the case. Also, the Supremre Court ruled that the doctrine in Tijam v.
Sibonghanoy, as reiterated in numerous cases, is still controlling. In explaining the concept of
jurisdiction by estoppel, the Court quoted its decision in said case, to wit:
"It has been 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 x x x x [T]he question whether the court had jurisdiction
either of the subject matter of the action or of the parties was not important in such cases
because the party is barred from such conduct not because the judgment or order of the
court is valid and conclusive as an adjudication, but for the reason that such a practice can
not be tolerated–– obviously for reasons of public policy."
In countless decisions, this Court has consistently held that, while an order or decision
rendered without jurisdiction is a total nullity and may be assailed at any stage, active participation
in the proceedings in the court which rendered the order or decision will bar such party from
attacking its jurisdiction. This Court affirmed the rule that a party’s active participation in all stages
of the case before the trial court, which includes invoking the court’s authority to grant affirmative
relief, effectively estops such party from later challenging that same court’s jurisdiction.
In the case at bar, it was petitioners themselves who invoked the jurisdiction of the court a
quo by instituting an action for reformation of contract against private respondents. It must be
noted that in the proceedings before the trial court, petitioners vigorously asserted their cause from
start to finish. Not even once did petitioners ever raise the issue of the court’s jurisdiction during
the entire proceedings which lasted for two years. It was only after the trial court rendered its
decision and issued a writ of execution against them in 1998 did petitioners first raise the issue of
jurisdiction ─ and it was only because said decision was unfavorable to them. Petitioners thus
effectively waived their right to question the court’s jurisdiction over the case they themselves filed.
Petition for review is denied.