Philippine Bar review · Question

Practice question: Over the Parties

Multiple Choice Hard

Practice question

A defendant voluntarily appears and participates without a personal-jurisdiction objection in an in personam action. Both parties then assert that the appearance also gives the court statutory subject-matter jurisdiction that the law otherwise withholds. Which is correct?
  1. Appearance supplies every missing statutory power.
  2. Both parties can create any jurisdiction by agreement.
  3. Personal submission and statutory subject-matter power are distinct; the appearance does not confer the missing subject-matter jurisdiction.
  4. The defendant's occupation determines subject-matter power.
  5. Every civil case becomes administrative upon appearance.

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Current Rule 14, Section 23; Rule 8, Section 12.

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