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DOROTEO OCHEDA v. CA

This case has been cited 1 times or more.

2006-01-23
CORONA, J.
Petitioner argued and discussed this particular issue for the first time in his memorandum before this Court.[22] While it is true that jurisdiction over the subject matter of a case may be raised at any stage of the proceedings since it is conferred by law, it is nevertheless settled that a party may be barred from raising it on the ground of estoppel.[23] After voluntarily submitting a cause and encountering an adverse decision on the merits, it is improper and too late for the losing party to question the jurisdiction of the court.[24] A party who has invoked the jurisdiction of a court over a particular matter to secure affirmative relief cannot be permitted to afterwards deny that same jurisdiction to escape liability.[25] Thus petitioner is estopped from questioning the jurisdiction of the courts below.