Wednesday, July 4, 2012

A PARTY CANNOT INVOKE THE JURISDICTION OF A COURT TO SECURE AFFIRMATIVE RELIEF AGAINST HIS OPPONENT AND AFTER OBTAINING OR FAILING TO OBTAIN SUCH RELIEF, REPUDIATE OR QUESTION THAT SAME JURISDICTION.


The Supreme Court frowns upon the undesirable practice of a party submitting his case for decision and then accepting the judgment only if favorable, and attacking it for lack of jurisdiction if adverse. If a party invokes the jurisdiction of a court, he cannot thereafter challenge the court’s jurisdiction in the same case. To rule otherwise would amount to speculating on the fortune of litigation, which is against the policy of the Court (Power Sector Assets and Liabilities Management Corporation vs. Pozzolanic Philippines Incorporated, G.R. No. 183789, August 24, 2011, PEREZ, J.)

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