Practice question
A litigant files a new civil action after a jurisdictional amendment has taken effect and applies to that filing. The chosen court lacks jurisdiction under the amended law but would have had it under the former law. The litigant invokes adherence based on the old statute. Which is correct?
- The former rule continues forever for every new case.
- Adherence cannot preserve jurisdiction never validly acquired under the law applicable to that new filing.
- Every court acquires jurisdiction by accepting filing fees.
- The amended law applies only if both parties agree.
- The plaintiff may choose either law without restriction.
Legal references
- People v Mendez, G.R. Nos. 208310–11 and 208662, March 28, 2023, en banc MAIN decision, adherence and exceptional jurisdictional estoppel: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69095
- RA 11576, Section 4, prospective application to civil cases filed from effectivity: https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html
- Vda. de Ballesteros v Rural Bank of Canaman, G.R. No. 176260, November 24, 2010, main decision, adherence and curative-law exception: https://lawphil.net/judjuris/juri2010/nov2010/gr_176260_2010.html
- SEC v Bonifacio, G.R. Nos. 198425, 201174 and 244462, January 30, 2024, en banc main decision, material allegations and relief: https://lawphil.net/judjuris/juri2024/jan2024/gr_198425_2024.html
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