Practice question
An MTC tried an ordinary case on the merits despite lacking subject-matter jurisdiction. On appeal, the RTC has original jurisdiction over the case. Counsel insists the RTC must dismiss regardless of the record. What does Rule40 §8 provide?
- The defective MTC trial automatically grants the plaintiff judgment.
- The RTC shall not dismiss but decide under the record-review provision, without prejudice to amended pleadings and additional evidence in the interest of justice.
- The MTC's jurisdictional defect is never relevant.
- The appellate clerk alone must decide every factual issue.
- The parties may create MTC jurisdiction retroactively by consent.
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.
Answer this question in flashcards to review your response and continue practicing.