When to raise issue of jurisdiction

GENERAL RULE: Jurisdiction over the subject matter or nature of the action may be challenged at any stage of the proceedings.

EXCEPTION: Jurisdiction over the subject matter or nature of the action may not be questioned anymore when there is estoppel. (Please note that this [the exception] is quite controversial in jurisprudence.)

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, active participation of the parties 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, especially when an adverse judgment has been rendered. (Soliven vs. Fastforms Phils. , Inc., 2004)

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. This includes the filing of a counterclaim. Such practice cannot be tolerated for reasons of public policy. (Oca v. Court of Appeals, 2002; Salva vs. Court of Appeals, 1999)

BEFORE FILING OR SERVICE 

The earliest opportunity of a party to raise the issue of jurisdiction is in a motion to dismiss filed before the filing or service of an answer. Lack of jurisdiction over the subject matter is a ground for a motion to dismiss (Sec. 1[b], , Rule 16). If no motion to dismiss is filed, the defense of lack of jurisdiction may also be raised as an affirmative defense in the answer (Sec. 6, Rule 16).NO OBJECTIVE, ADMISSION BY WAIVER

Under the omnibus motion rule, a motion attacking a pleading like a motion to dismiss shall include all grounds then available, and all objections not so included shall not be deemed waived, except lack of jurisdiction over the subject matter (Sec. 8, Rule 15).

Jurisdiction over the subject matter may be raised at any stage of the proceedings, even for the first time on appeal. (Francel Realty vs. Sycip, 2005)

Courts may take cognizance of the issue even if not raised by the parties themselves. No reason to preclude the Court of Appeals, for example, from ruling on this issue even if the same had not been resolved by the trial court. (G.R. No. 163445, 2007)