This case has been cited 1 times or more.
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2015-11-23 |
DEL CASTILLO, J. |
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| "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."[44] The RTC's jurisdiction over petitions for revival of judgment had already been upheld by the Court.[45] It was held that "[a]n action for revival of judgment may be filed either 'in the same court where said judgment was rendered or in the place where the plaintiff or defendant resides, or in any other place designated by the statutes which treat of the venue of actions in general.'"[46] Here, the Complaint for revival of judgment was filed in the same court (RTC-Pili Camarines Sur, Branch 31) which rendered the August 27, 1985 Decision in Civil Case No. P-279. Undoubtedly, the RTC has jurisdiction over the action. There is therefore no valid ground for the Petition for Annulment of Final Order that Abner filed with the CA. | |||||