Practice question
Both parties remain silent, but the pleadings conclusively disclose a class of dispute outside the court’s statutory power. No exceptional estoppel is involved. Must the court first obtain a party’s permission to recognize the defect?
- Yes; unanimous permission is always required.
- Yes; silence conclusively establishes authority.
- The judge must decide merits solely because costs were paid.
- No; Rule 9 permits and requires the stated jurisdictional inquiry and dismissal.
- Only the defendant can identify a statutory grant.
Legal references
- Civil Code, Articles 2035(5) and 2037, jurisdiction excluded from compromise and judicial-execution distinction: https://lawphil.net/statutes/repacts/ra1949/pdf/ra_386_1949.pdf
- Rules of Court, Rule 9 Section 1 and Rule 65 Section 1, read with applicable amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Spouses Agullo v. Victa-Espinosa, G.R. No. 269921, April 22, 2025, en banc main decision, governing law at filing and Rule 9: https://lawphil.net/judjuris/juri2025/apr2025/gr_269921_2025.html
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