A.I. Powered: Philippine Bar Reviewer

Question

II. JURISDICTION

One of the fundamental principles in the exercise of jurisdiction is the Doctrine of Adherence to Jurisdiction. This doctrine generally provides that once a court has acquired jurisdiction over a case, it continues to exercise jurisdiction over the said case until it is finally disposed of. On the other hand, Residual Jurisdiction refers to the residual power of a court to adjudicate matters which are not covered by any specific provision of law.

Suppose a lawsuit is filed before the Regional Trial Court (RTC) in a civil case involving a breach of contract. The case is within the jurisdiction of the RTC. However, during the pendency of the case, both parties entered into a compromise agreement and they want to withdraw the case from the RTC and have it arbitrated instead.

Discuss the following:

1. Can the parties withdraw the case from the RTC and have it arbitrated instead? Explain.
2. Would the Doctrine of Adherence to Jurisdiction apply in this situation? State the rationale behind your answer.
3. Would Residual Jurisdiction apply in this situation? Explain.

---

Answer