Sps. Rene Gonzaga and Lerio Gonzaga vs. Ca, Hon. Quirico G. Defensor, and Lucky Homes, Inc

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SPS.

 RENE GONZAGA and


LERIO GONZAGA
vs.
CA, HON. QUIRICO G. DEFENSOR, and
LUCKY HOMES, INC.

G.R. No. 144025; December 27, 2002; CORONA, J.


ISSUE

W/N petitioners are estopped from


questioning the jurisdiction of the lower
court to try the case.
PETITIONER

Reformation of contract
-filed with the RTC
REGIONAL TRIAL COURT COURT OF APPEALS

RTC dismissed the case for lack of merit. Court of Appeals denied the petition for
annulment of judgment, relying mainly on
the jurisprudential doctrine of estoppel as
laid down in the case of Tijam vs.
Sibonghanoy.

Petitioners filed before the Court of Appeals Petitioners claimed that the recent decisions
a petition for annulment of judgment, of this Court have already abandoned the
premised on the ground that the trial court doctrine laid down in Tijam vs. Sibonghanoy,
had no jurisdiction to try and decide the hence, CA erred in dismissing the petition by
case as it was vested in the Housing and applying the principle of estoppel, even if the
Land Use Regulatory Board (HLURB) Regional Trial Court had no jurisdiction to
pursuant to PD 957 (The Subdivision and decide the case.  
Condominium Buyers Protective Decree).
SUPREME COURT
(Rationale)
The Supreme Court ruled against the petitioner.
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.
Tijam vs. Sibonghanoy:
"A party may be estopped or barred from raising a question in different ways and for
different reasons. Thus we speak of estoppel in pais, or estoppel by deed or by record, and
of estoppel by laches.
”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.”
SUPREME COURT
(Application to the case)

In the case at bar, it was petitioners themselves who invoked the jurisdiction of the
court by instituting an action for reformation of contract against private
respondents. It appears 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.

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