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SPS. EULOGIA MANILA v. SPS. EDERLINDA GALLARDO-MANZO

This case has been cited 1 times or more.

2012-12-10
PERALTA, J.
In Manila v. Gallardo-Manzo,[31] this Court held: Lack of jurisdiction as a ground for annulment of judgment refers to either lack of jurisdiction over the person of the defending party or over the subject matter of the claim. In a petition for annulment of judgment based on lack of jurisdiction, petitioner must show not merely an abuse of jurisdictional discretion but an absolute lack of jurisdiction. Lack of jurisdiction means absence of or no jurisdiction, that is, the court should not have taken cognizance of the petition because the law does not vest it with jurisdiction over the subject matter. Jurisdiction over the nature of the action or subject matter is conferred by law.[32]