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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

JURISDICTION QUESTION: Doctrine of Adherence to Jurisdiction and Residual Jurisdiction

Rafael, a resident of Makati City, filed a complaint against Antonio, a resident of Quezon City, for breach of contract. The Regional Trial Court (RTC) of Makati City, being the proper venue, acquired jurisdiction over the case and issued a summons to Antonio. However, Antonio failed to file an answer within the prescribed period.

1. Discuss the concept of the Doctrine of Adherence to Jurisdiction, including its purpose and effect in this case.

2. Explain the concept of Residual Jurisdiction of the RTC, and discuss whether the RTC still has jurisdiction over the case despite Antonio's failure to file an answer.

3. Enumerate and briefly discuss the remedies available to Rafael in order to proceed with the case despite Antonio's inaction.



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Bar Review Question: JURISDICTION QUESTION: Doctrine of Adherence to Jurisdiction and Residual Jurisdiction