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Philippine Bar review · Question

Practice question: Effect of Waiver or Compromise

Multiple Choice Hard

Practice question

An RTC has no subject-matter jurisdiction under the governing law. Both parties initially ask it to approve their settlement, but one promptly raises the defect before any prolonged tactical litigation or changed position. The other invokes waiver merely from the initial request. Which is best?
  1. Any request permanently creates jurisdiction
  2. A compromise always defeats jurisdictional objections
  3. The initial request alone does not establish ordinary creation of subject-matter jurisdiction or the exceptional Tijam-type laches bar
  4. All settlement agreements are void for every purpose
  5. The court may disregard the statutory limit to reward cooperation

Legal references

  • Figueroa v. People, G.R.147406, July14 2008: https://lawphil.net/judjuris/juri2008/jul2008/gr_147406_2008.html

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