This case has been cited 1 times or more.
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2013-09-18 |
MENDOZA, J. |
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| Patently, this responsive pleading of Villena demonstrates that he did not know the elementary rules on jurisdiction. Fundamental is the rule that jurisdiction is conferred by law and is not within the courts, let alone the parties themselves, to determine or conveniently set aside.[18] It cannot be waived except for those judicially recognizable grounds like estoppel. And it is not mooted by an action of a court in an erroneously filed case. It has been held in a plethora of cases that when the law or procedure is so elementary, not to know, or to act as if one does not know it, constitutes gross ignorance of the law, even without the complainant having to prove malice or bad faith.[19] | |||||