Practice question
An MTC dismisses an ordinary civil case without trial for lack of subject-matter jurisdiction. On appeal, the RTC affirms that jurisdictional dismissal and itself has original jurisdiction over the case. What does Rule40 §8 direct?
- The RTC tries the case on the merits as if originally filed there.
- The RTC must always end the matter and require a new action elsewhere.
- The RTC must order the MTC to try a case it lacks jurisdiction to hear.
- The plaintiff automatically wins the merits.
- The appeal is converted into a criminal prosecution.
Legal references
- https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules40–45,51§8,64§3 (read with 2019 amendments).
- https://lawphil.net/judjuris/juri2005/sep2005/gr_141524_2005.html — Neypes v CA, GR141524, September14 2005, en banc main decision.
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