Philippine Bar review · Question

Practice question: Over the Issues

Multiple Choice Hard

Practice question

A statute excludes an entire class of claims from Court X’s subject-matter jurisdiction. Both litigants expressly agree to have Court X decide such a claim and argue that Rule 10 section 5 supplies jurisdiction over it. Which is correct?
  1. Consent to try an issue cannot create the subject-matter jurisdiction withheld by law
  2. Rule 10 overrides every statutory jurisdictional limit
  3. The judge’s willingness automatically supplies the missing power
  4. A pre-trial stipulation can amend the jurisdictional statute
  5. A unanimous party agreement binds Congress

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 10, sections 3 and 5, and Rule 18, sections 2 and 7, issues tried by consent and controlling pre-trial order.
  • https://lawphil.net/judjuris/juri2006/jan2006/gr_162416_2006.html — De Joya v. Marquez, G.R. No. 162416, January 31, 2006, distinctions among jurisdiction over subject matter, issues and res.

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