Salva v. CA (G.R. No. 132250; March 11, 1999)
FACTS: Squatters around San Jose Airport in Occidental Mindoro were relocated in NFA lot. Actual occupants of lot filed forcible entry complaint against relocated families and Mindoro Governor Josephine Sato.
Plaintiffs won in MTC. RTC affirmed. Sato filed notice of appeal. CA dismissed appeal for being wrong remedy and ordered entry of judgment. MTC issued writ of execution. Sato filed certiorari and prohibition with CA which was dismissed. Sato filed MR on the ground that MTC had no jurisdiction because the squatters were relocated on a different lot. CA granted MR and dismissed plaintiffs’ complaint for forcible entry.
HELD: The issue of jurisdiction was never raised before Municipal Trial Court, Regional Trial Court and Court of Appeals. Raised for the first time in MR. Party assailing jurisdiction of court must raise it at the first opportunity. While an order or decision rendered without jurisdiction is a total nullity and may be assailed at any stage, a party’s active participation in the proceedings. Without questioning the jurisdiction until an adverse resolution is issued will bar or estop such party from attacking the court’s jurisdiction.
What is the settled rule then?
A party cannot invoke the jurisdiction of the court to secure affirmative relief against his opponent and after failing to obtain such relief, repudiate such jurisdiction.
