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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ II. JURISDICTION ▸ F. Doctrine of Adherence to Jurisdiction and Residual Jurisdiction

Question

II. JURISDICTION

F. Doctrine of Adherence to Jurisdiction and Residual Jurisdiction

Scenario:

Anna filed a complaint for damages against Ben in a Regional Trial Court (RTC) for a car accident that occurred in Quezon City. The RTC rendered a decision ordering Ben to pay damages to Anna. However, Ben refused to comply with the decision and filed a motion to dismiss the case, arguing that the RTC did not have jurisdiction over the matter.

Question:

  1. Discuss the doctrine of adherence to jurisdiction and its application in the given scenario.
  2. Can Ben's motion to dismiss be granted based on lack of jurisdiction? Explain.
  3. Assuming that the RTC does not have jurisdiction over the case, discuss the concept of residual jurisdiction and explain if the RTC can still take further action on the matter.


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Bar Review Question: II. JURISDICTION F. Doctrine of Adherence to Jurisdiction and Residual Jurisdiction Scenario: An