VENANCIO FIGUEROA y CERVANTES,1 Petitioner, v.

PEOPLE OF
THE PHILIPPINES,Respondent.
DECISION
NACHURA, J.:
When is a litigant estopped by laches from assailing the jurisdiction
of a tribunal? This is the paramount issue raised in this Petition for
Review of the February 28, 2001 Decision2of the Court of Appeals
(CA) in CA-G.R. CR No. 22697.
Pertinent are the following antecedent facts and proceedings:
On July 8, 1994, an information3 for reckless imprudence resulting
in homicide was filed against the petitioner before the Regional Trial
Court (RTC) of Bulacan, Branch 18.4 The case was docketed as
Criminal Case No. 2235-M-94.5 Trial on the merits ensued and on
August 19, 1998, the trial court convicted the petitioner as
charged.6 In his appeal before the CA, the petitioner questioned,
among others, for the first time, the trial court's jurisdiction.7
The appellate court, however, in the challenged decision, considered
the petitioner to have actively participated in the trial and to have
belatedly attacked the jurisdiction of the RTC; thus, he was already
estopped by laches from asserting the trial court's lack of
jurisdiction. Finding no other ground to reverse the trial court's
decision, the CA affirmed the petitioner's conviction but modified the
penalty imposed and the damages awarded.8
Dissatisfied, the petitioner filed the instant Petition for Review
on Certiorari raising the following issues for our resolution:
A. Does the fact that the petitioner failed to raise the issue of
jurisdiction during the trial of this case, which was initiated and filed
by the public prosecutor before the wrong court, constitute laches in

relation to the doctrine laid down in Tijam v. Sibonghanoy,

notwithstanding the fact that said issue was immediately raised in
petitioner's appeal to the Honorable Court of Appeals? Conversely,
does the active participation of the petitioner in the trial of his case,
which is initiated and filed not by him but by the public prosecutor,
amount to estoppel?
cralawre d

b. Does the admission of the petitioner that it is difficult

to immediately stop a bus while it is running at 40 kilometers per
hour for the purpose of avoiding a person who unexpectedly crossed
the road, constitute enough incriminating evidence to warrant his
conviction for the crime charged?
cralawre d

c. Is the Honorable Court of Appeals justified in considering the

place of accident as falling within Item 4 of Section 35 (b) of the
Land Transportation and Traffic Code, and subsequently ruling that
the speed limit thereto is only 20 kilometers per hour, when no
evidence whatsoever to that effect was ever presented by the
prosecution during the trial of this case?
cralawre d

d. Is the Honorable Court of Appeals justified in convicting the

petitioner for homicide through reckless imprudence (the legally
correct designation is "reckless imprudence resulting to
homicide") with violation of the Land Transportation and Traffic
Code when the prosecution did not prove this during the trial and,
more importantly, the information filed against the petitioner does
not contain an allegation to that effect?
cralawred

e. Does the uncontroverted testimony of the defense witness

Leonardo Hernal that the victim unexpectedly crossed the road
resulting in him getting hit by the bus driven by the petitioner not
enough evidence to acquit him of the crime charged?9
Applied uniformly is the familiar rule that the jurisdiction of the
court to hear and decide a case is conferred by the law in force at

the time of the institution of the action, unless such statute provides
for a retroactive application thereof.10 In this case, at the time the
criminal information for reckless imprudence resulting in homicide
with violation of the Automobile Law (now Land Transportation and
Traffic Code) was filed, Section 32(2) of Batas Pambansa (B.P.) Blg.
12911 had already been amended by Republic Act No. 7691.12The
said provision thus reads:
Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts in Criminal Cases. Except in
cases falling within the exclusive original jurisdiction of Regional
Trial Courts and the Sandiganbayan, the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall
exercise:
xxx
(2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the
amount of fine, and regardless of other imposable accessory or
other penalties, including the civil liability arising from such offenses
or predicated thereon, irrespective of kind, nature, value or amount
thereof: Provided, however, That in offenses involving damage to
property through criminal negligence, they shall have exclusive
original jurisdiction thereof.
As the imposable penalty for the crime charged herein is prision
correccional in its medium and maximum periods or imprisonment
for 2 years, 4 months and 1 day to 6 years,13 jurisdiction to hear
and try the same is conferred on the Municipal Trial Courts (MTCs).
Clearly, therefore, the RTC of Bulacan does not have jurisdiction
over Criminal Case No. 2235-M-94.
While both the appellate court and the Solicitor General
acknowledge this fact, they nevertheless are of the position that the

principle of estoppel by laches has already precluded the petitioner

from questioning the jurisdiction of the RTC the trial went on for 4
years with the petitioner actively participating therein and without
him ever raising the jurisdictional infirmity. The petitioner, for his
part, counters that the lack of jurisdiction of a court over the
subject matter may be raised at any time even for the first time on
appeal. As undue delay is further absent herein, the principle of
laches will not be applicable.
To settle once and for all this problem of jurisdiction vis - -vis
estoppel by laches, which continuously confounds the bench and the
bar, we shall analyze the various Court decisions on the matter.
As early as 1901, this Court has declared that unless jurisdiction has
been conferred by some legislative act, no court or tribunal can act
on a matter submitted to it.14 We went on to state in U.S. v. De La
Santa15 that:
It has been frequently held that a lack of jurisdiction over the
subject-matter is fatal, and subject to objection at any stage of the
proceedings, either in the court below or on appeal (Ency. of Pl. &
Pr., vol. 12, p. 189, and large array of cases there cited), and
indeed, where the subject-matter is not within the jurisdiction, the
court may dismiss the proceeding ex mero motu. (4 Ill., 133; 190
Ind., 79; Chipman v. Waterbury, 59 Conn., 496.)
Jurisdiction over the subject-matter in a judicial proceeding is
conferred by the sovereign authority which organizes the court; it is
given only by law and in the manner prescribed by law and an
objection based on the lack of such jurisdiction can not be waived
by the parties. x x x16
Later, in People v. Casiano,17 the Court explained:
4. The operation of the principle of estoppel on the question of
jurisdiction seemingly depends upon whether the lower court

actually had jurisdiction or not. If it had no jurisdiction, but the case

was tried and decided upon the theory that it had jurisdiction, the
parties are not barred, on appeal, from assailing such jurisdiction,
for the same "must exist as a matter of law, and may not be
conferred by consent of the parties or by estoppel" (5 C.J.S., 861863). However, if the lower court had jurisdiction, and the case was
heard and decided upon a given theory, such, for instance, as that
the court had no jurisdiction, the party who induced it to adopt such
theory will not be permitted, on appeal, to assume an inconsistent
position that the lower court had jurisdiction. Here, the principle of
estoppel applies. The rule that jurisdiction is conferred by law, and
does not depend upon the will of the parties, has no bearing
thereon. Thus, Corpus Juris Secundum says:
Where accused has secured a decision that the indictment is void,
or has been granted an instruction based on its defective character
directing the jury to acquit, he is estopped, when subsequently
indicted, to assert that the former indictment was valid. In such
case, there may be a new prosecution whether the indictment in the
former prosecution was good or bad. Similarly, where, after the jury
was impaneled and sworn, the court on accused's motion quashed
the information on the erroneous assumption that the court had no
jurisdiction, accused cannot successfully plead former jeopardy to a
new information. x x x (22 C.J.S., sec. 252, pp. 388-389; italics
ours.)
Where accused procured a prior conviction to be set aside on the
ground that the court was without jurisdiction, he is estopped
subsequently to assert, in support of a defense of previous
jeopardy, that such court had jurisdiction." (22 C.J.S. p. 378.)18
But in Pindagan Agricultural Co., Inc. v. Dans,19 the Court, in not
sustaining the plea of lack of jurisdiction by the plaintiff-appellee
therein, made the following observations:

It is surprising why it is only now, after the decision has been

rendered, that the plaintiff-appellee presents the question of this
Court's jurisdiction over the case. Republic Act No. 2613 was
enacted on August 1, 1959. This case was argued on January 29,
1960. Notwithstanding this fact, the jurisdiction of this Court was
never impugned until the adverse decision of this Court was handed
down. The conduct of counsel leads us to believe that they must
have always been of the belief that notwithstanding said enactment
of Republic Act 2613 this Court has jurisdiction of the case, such
conduct being born out of a conviction that the actual real value of
the properties in question actually exceeds the jurisdictional amount
of this Court (over P200,000). Our minute resolution in G.R. No. L10096, Hyson Tan, et al. v. Filipinas Compaa de Seguros, et al., of
March 23, 1956, a parallel case, is applicable to the conduct of
plaintiff-appellee in this case, thus:
x x x that an appellant who files his brief and submits his case to
the Court of Appeals for decision, without questioning the latter's
jurisdiction until decision is rendered therein, should be considered
as having voluntarily waived so much of his claim as would exceed
the jurisdiction of said Appellate Court; for the reason that a
contrary rule would encourage the undesirable practice of appellants
submitting their cases for decision to the Court of Appeals in
expectation of favorable judgment, but with intent of attacking its
jurisdiction should the decision be unfavorable: x x x20
Then came our ruling in Tijam v. Sibonghanoy21 that a party may be
barred by laches from invoking lack of jurisdiction at a late hour for
the purpose of annulling everything done in the case with the active
participation of said party invoking the plea. We expounded, thus:
A party may be estopped or barred from raising a question in
different ways and for different reasons. Thus, we speak of estoppel
in pais, of estoppel by deed or by record, and of estoppel by laches.

Laches, in a general sense, is failure or neglect, for an unreasonable

and unexplained length of time, to do that which, by exercising due
diligence, could or should have been done earlier; it is negligence or
omission to assert a right within a reasonable time, warranting a
presumption that the party entitled to assert it either has
abandoned it or declined to assert it.
The doctrine of laches or of "stale demands" is based upon grounds
of public policy which requires, for the peace of society, the
discouragement of stale claims and, unlike the statute of limitations,
is not a mere question of time but is principally a question of the
inequity or unfairness of permitting a right or claim to be enforced
or asserted.
It has been held that a party cannot invoke the jurisdiction of a
court to secure affirmative relief against his opponent and, after
obtaining or failing to obtain such relief, repudiate or question that
same jurisdiction (Dean v. Dean, 136 Or. 694, 86 A.L.R. 79). In the
case just cited, by way of explaining the rule, it was further said
that the question whether the court had jurisdiction either of the
subject matter of the action or of the parties was not important in
such cases because the party is barred from such conduct not
because the judgment or order of the court is valid and conclusive
as an adjudication, but for the reason that such a practice cannot be
tolerated obviously for reasons of public policy.
Furthermore, it has also been held that after voluntarily submitting
a cause and encountering an adverse decision on the merits, it is
too late for the loser to question the jurisdiction or power of the
court (Pease v. Rathbun-Jones etc., 243 U.S. 273, 61 L. Ed. 715, 37
S.Ct. 283; St. Louis etc. v. McBride, 141 U.S. 127, 35 L. Ed. 659).
And in Littleton v. Burgess, 16 Wyo. 58, the Court said that it is not
right for a party who has affirmed and invoked the jurisdiction of a
court in a particular matter to secure an affirmative relief, to
afterwards deny that same jurisdiction to escape a penalty.

Upon this same principle is what We said in the three cases

mentioned in the resolution of the Court of Appeals of May 20, 1963
(supra) to the effect that we frown upon the "undesirable practice"
of a party submitting his case for decision and then accepting the
judgment, only if favorable, and attacking it for lack of jurisdiction,
when adverse as well as in Pindagan etc. v. Dans et al., G.R. L14591, September 26, 1962; Montelibano et al. v. Bacolod-Murcia
Milling Co., Inc., G.R. L-15092; Young Men Labor Union etc. v. The
Court of Industrial Relations et al., G.R. L-20307, Feb. 26, 1965,
and Mejia v. Lucas, 100 Phil. p. 277.
The facts of this case show that from the time the Surety became a
quasi-party on July 31, 1948, it could have raised the question of
the lack of jurisdiction of the Court of First Instance of Cebu to take
cognizance of the present action by reason of the sum of money
involved which, according to the law then in force, was within the
original exclusive jurisdiction of inferior courts. It failed to do so.
Instead, at several stages of the proceedings in the court a quo, as
well as in the Court of Appeals, it invoked the jurisdiction of said
courts to obtain affirmative relief and submitted its case for a final
adjudication on the merits. It was only after an adverse decision
was rendered by the Court of Appeals that it finally woke up to raise
the question of jurisdiction. Were we to sanction such conduct on its
part, We would in effect be declaring as useless all the proceedings
had in the present case since it was commenced on July 19, 1948
and compel the judgment creditors to go up their Calvary once
more. The inequity and unfairness of this is not only patent but
revolting.22
For quite a time since we made this pronouncement in Sibonghanoy,
courts and tribunals, in resolving issues that involve the belated
invocation of lack of jurisdiction, have applied the principle of
estoppel by laches. Thus, in Calimlim v. Ramirez,23 we pointed out
that Sibonghanoy was developing into a general rule rather than the
exception:

A rule that had been settled by unquestioned acceptance and

upheld in decisions so numerous to cite is that the jurisdiction of a
court over the subject-matter of the action is a matter of law and
may not be conferred by consent or agreement of the parties. The
lack of jurisdiction of a court may be raised at any stage of the
proceedings, even on appeal. This doctrine has been qualified by
recent pronouncements which stemmed principally from the ruling
in the cited case of Sibonghanoy. It is to be regretted, however, that
the holding in said case had been applied to situations which were
obviously not contemplated therein. The exceptional circumstance
involved in Sibonghanoy which justified the departure from the
accepted concept of non-waivability of objection to jurisdiction has
been ignored and, instead a blanket doctrine had been repeatedly
upheld that rendered the supposed ruling in Sibonghanoy not as the
exception, but rather the general rule, virtually overthrowing
altogether the time-honored principle that the issue of jurisdiction is
not lost by waiver or by estoppel.
In Sibonghanoy, the defense of lack of jurisdiction of the court that
rendered the questioned ruling was held to be barred by estoppel by
laches. It was ruled that the lack of jurisdiction having been raised
for the first time in a motion to dismiss filed almost fifteen (15)
years after the questioned ruling had been rendered, such a plea
may no longer be raised for being barred by laches. As defined in
said case, laches is "failure or neglect, for an unreasonable and
unexplained length of time, to do that which, by exercising due
diligence, could or should have been done earlier; it is negligence or
omission to assert a right within a reasonable time, warranting a
presumption that the party entitled to assert has abandoned it or
declined to assert it.24
In Calimlim, despite the fact that the one who benefited from the
plea of lack of jurisdiction was the one who invoked the court's
jurisdiction, and who later obtained an adverse judgment therein,
we refused to apply the ruling in Sibonghanoy. The Court accorded

supremacy to the time-honored principle that the issue of

jurisdiction is not lost by waiver or by estoppel.
Yet, in subsequent cases decided after Calimlim, which by sheer
volume are too plentiful to mention, the Sibonghanoy doctrine, as
foretold in Calimlim, became the rule rather than the exception. As
such, in Soliven v. Fastforms Philippines, Inc.,25 the Court ruled:
While it is true that jurisdiction may be raised at any time, "this rule
presupposes that estoppel has not supervened." In the instant case,
respondent actively participated in all stages of the proceedings
before the trial court and invoked its authority by asking for an
affirmative relief. Clearly, respondent is estopped from challenging
the trial court's jurisdiction, especially when an adverse judgment
has been rendered. In PNOC Shipping and Transport Corporation v.
Court of Appeals, we held:
Moreover, we note that petitioner did not question at all the
jurisdiction of the lower court x x x in its answers to both the
amended complaint and the second amended complaint. It did so
only in its motion for reconsideration of the decision of the lower
court after it had received an adverse decision. As this Court held in
Pantranco North Express, Inc. v. Court of Appeals (G.R. No. 105180,
July 5, 1993, 224 SCRA 477, 491), participation in all stages of the
case before the trial court, that included invoking its authority in
asking for affirmative relief, effectively barred petitioner by estoppel
from challenging the court's jurisdiction. Notably, from the time it
filed its answer to the second amended complaint on April 16, 1985,
petitioner did not question the lower court's jurisdiction. It was only
on December 29, 1989 when it filed its motion for reconsideration of
the lower court's decision that petitioner raised the question of the
lower court's lack of jurisdiction. Petitioner thus foreclosed its right
to raise the issue of jurisdiction by its own inaction. (italics ours)

Similarly, in the subsequent case of Sta. Lucia Realty and

Development, Inc. v. Cabrigas, we ruled:
In the case at bar, it was found by the trial court in its 30
September 1996 decision in LCR Case No. Q-60161(93) that private
respondents (who filed the petition for reconstitution of titles) failed
to comply with both sections 12 and 13 of RA 26 and therefore, it
had no jurisdiction over the subject matter of the case. However,
private respondents never questioned the trial court's jurisdiction
over its petition for reconstitution throughout the duration of LCR
Case No. Q-60161(93). On the contrary, private respondents
actively participated in the reconstitution proceedings by filing
pleadings and presenting its evidence. They invoked the trial court's
jurisdiction in order to obtain affirmative relief - the reconstitution of
their titles. Private respondents have thus foreclosed their right to
raise the issue of jurisdiction by their own actions.
The Court has constantly upheld the doctrine that while jurisdiction
may be assailed at any stage, a litigant's participation in all stages
of the case before the trial court, including the invocation of its
authority in asking for affirmative relief, bars such party from
challenging the court's jurisdiction (PNOC Shipping and Transport
Corporation v. Court of Appeals, 297 SCRA 402 [1998]). A party
cannot invoke the jurisdiction of a court to secure affirmative relief
against his opponent and after obtaining or failing to obtain such
relief, repudiate or question that same jurisdiction (Asset
Privatization Trust v. Court of Appeals, 300 SCRA 579
[1998]; Province of Bulacan v. Court of Appeals, 299 SCRA 442
[1998]). The Court frowns upon the undesirable practice of a party
participating in the proceedings and submitting his case for decision
and then accepting judgment, only if favorable, and attacking it for
lack of jurisdiction, when adverse (Producers Bank of the Philippines
v. NLRC, 298 SCRA 517 [1998], citing Ilocos Sur Electric
Cooperative, Inc. v. NLRC, 241 SCRA 36 [1995]). (italics ours) 26

Noteworthy, however, is that, in the 2005 case of Metromedia Times

Corporation v. Pastorin,27 where the issue of lack of jurisdiction was
raised only in the National Labor Relations Commission (NLRC) on
appeal, we stated, after examining the doctrines of jurisdiction vis -vis estoppel, that the ruling in Sibonghanoy stands as an
exception, rather than the general rule. Metromedia, thus, was not
estopped from assailing the jurisdiction of the labor arbiter before
the NLRC on appeal.28
chanroble s virtual law library

Later, in Francel Realty Corporation v. Sycip,29 the Court clarified

that:
Petitioner argues that the CA's affirmation of the trial court's
dismissal of its case was erroneous, considering that a full-blown
trial had already been conducted. In effect, it contends that lack of
jurisdiction could no longer be used as a ground for dismissal after
trial had ensued and ended.
The above argument is anchored on estoppel by laches, which has
been used quite successfully in a number of cases to thwart
dismissals based on lack of jurisdiction. Tijam v. Sibonghanoy, in
which this doctrine was espoused, held that a party may be barred
from questioning a court's jurisdiction after being invoked to secure
affirmative relief against its opponent. In fine, laches prevents the
issue of lack of jurisdiction from being raised for the first time on
appeal by a litigant whose purpose is to annul everything done in a
trial in which it has actively participated.
Laches is defined as the "failure or neglect for an unreasonable and
unexplained length of time, to do that which, by exercising due
diligence, could or should have been done earlier; it is negligence or
omission to assert a right within a reasonable time, warranting a
presumption that the party entitled to assert it either has
abandoned it or declined to assert it."

The ruling in Sibonghanoy on the matter of jurisdiction is, however,

the exception rather than the rule. Estoppel by laches may be
invoked to bar the issue of lack of jurisdiction only in cases in which
the factual milieu is analogous to that in the cited case. In such
controversies, laches should be clearly present; that is, lack of
jurisdiction must have been raised so belatedly as to warrant the
presumption that the party entitled to assert it had abandoned or
declined to assert it. That Sibonghanoy applies only to exceptional
circumstances is clarified in Calimlim v. Ramirez, which we quote:
chanroble s virtual law library

A rule that had been settled by unquestioned acceptance and

upheld in decisions so numerous to cite is that the jurisdiction of a
court over the subject-matter of the action is a matter of law and
may not be conferred by consent or agreement of the parties. The
lack of jurisdiction of a court may be raised at any stage of the
proceedings, even on appeal. This doctrine has been qualified by
recent pronouncements which stemmed principally from the ruling
in the cited case of Sibonghanoy. It is to be regretted, however, that
the holding in said case had been applied to situations which were
obviously not contemplated therein. The exceptional circumstance
involved in Sibonghanoy which justified the departure from the
accepted concept of non-waivability of objection to jurisdiction has
been ignored and, instead a blanket doctrine had been repeatedly
upheld that rendered the supposed ruling in Sibonghanoy not as the
exception, but rather the general rule, virtually overthrowing
altogether the time-honored principle that the issue of jurisdiction is
not lost by waiver or by estoppel.
Indeed, the general rule remains: a court's lack of jurisdiction may
be raised at any stage of the proceedings, even on appeal. The
reason is that jurisdiction is conferred by law, and lack of it affects
the very authority of the court to take cognizance of and to render
judgment on the action. Moreover, jurisdiction is determined by the
averments of the complaint, not by the defenses contained in the
answer.30

Also, in Mangaliag v. Catubig-Pastoral,31 even if the pleader of lack

of jurisdiction actively took part in the trial proceedings by
presenting a witness to seek exoneration, the Court, reiterating the
doctrine in Calimlim, said:
Private respondent argues that the defense of lack of jurisdiction
may be waived by estoppel through active participation in the trial.
Such, however, is not the general rule but an exception, best
characterized by the peculiar circumstances in Tijam v.
Sibonghanoy. In Sibonghanoy, the party invoking lack of jurisdiction
did so only after fifteen years and at a stage when the proceedings
had already been elevated to the CA.Sibonghanoy is an exceptional
case because of the presence of laches, which was defined therein
as failure or neglect for an unreasonable and unexplained length of
time to do that which, by exercising due diligence, could or should
have been done earlier; it is the negligence or omission to assert a
right within a reasonable time, warranting a presumption that the
party entitled to assert has abandoned it or declined to assert it.32
And in the more recent Regalado v. Go,33 the Court again
emphasized that laches should be clearly present for the
Sibonghanoy doctrine to be applicable, thus:
Laches is defined as the "failure or neglect for an unreasonable and
unexplained length of time, to do that which, by exercising due
diligence, could or should have been done earlier, it is negligence or
omission to assert a right within a reasonable length of time,
warranting a presumption that the party entitled to assert it either
has abandoned it or declined to assert it."
The ruling in People v. Regalario that was based on the landmark
doctrine enunciated in Tijam v. Sibonghanoy on the matter of
jurisdiction by estoppel is the exception rather than the
rule. Estoppel by laches may be invoked to bar the issue of lack of
jurisdiction only in cases in which the factual milieu is analogous to

that in the cited case. In such controversies, laches should have

been clearly present; that is, lack of jurisdiction must have been
raised so belatedly as to warrant the presumption that the party
entitled to assert it had abandoned or declined to assert it.
In Sibonghanoy, the defense of lack of jurisdiction was raised for
the first time in a motion to dismiss filed by the Surety almost 15
years after the questioned ruling had been rendered. At several
stages of the proceedings, in the court a quo as well as in the Court
of Appeals, the Surety invoked the jurisdiction of the said courts to
obtain affirmative relief and submitted its case for final adjudication
on the merits. It was only when the adverse decision was rendered
by the Court of Appeals that it finally woke up to raise the question
of jurisdiction.
Clearly, the factual settings attendant in Sibonghanoy are not
present in the case at bar. Petitioner Atty. Regalado, after the
receipt of the Court of Appeals resolution finding her guilty of
contempt, promptly filed a Motion for Reconsideration assailing the
said court's jurisdiction based on procedural infirmity in initiating
the action. Her compliance with the appellate court's directive to
show cause why she should not be cited for contempt and filing a
single piece of pleading to that effect could not be considered as an
active participation in the judicial proceedings so as to take the case
within the milieu ofSibonghanoy. Rather, it is the natural fear to
disobey the mandate of the court that could lead to dire
consequences that impelled her to comply.34
The Court, thus, wavered on when to apply the exceptional
circumstance in Sibonghanoy and on when to apply the general rule
enunciated as early as in De La Santa and expounded at length in
Calimlim. The general rule should, however, be, as it has always
been, that the issue of jurisdiction may be raised at any stage of the
proceedings, even on appeal, and is not lost by waiver or by
estoppel. Estoppel by laches, to bar a litigant from asserting the

court's absence or lack of jurisdiction, only supervenes in

exceptional cases similar to the factual milieu of Tijam v.
Sibonghanoy. Indeed, the fact that a person attempts to invoke
unauthorized jurisdiction of a court does not estop him from
thereafter challenging its jurisdiction over the subject matter, since
such jurisdiction must arise by law and not by mere consent of the
parties. This is especially true where the person seeking to invoke
unauthorized jurisdiction of the court does not thereby secure any
advantage or the adverse party does not suffer any harm.35
Applying the said doctrine to the instant case, the petitioner is in no
way estopped by laches in assailing the jurisdiction of the RTC,
considering that he raised the lack thereof in his appeal before the
appellate court. At that time, no considerable period had yet elapsed
for laches to attach. True, delay alone, though unreasonable, will
not sustain the defense of "estoppel by laches" unless it further
appears that the party, knowing his rights, has not sought to
enforce them until the condition of the party pleading laches has in
good faith become so changed that he cannot be restored to his
former state, if the rights be then enforced, due to loss of evidence,
change of title, intervention of equities, and other causes.36 In
applying the principle of estoppel by laches in the exceptional case
of Sibonghanoy, the Court therein considered the patent and
revolting inequity and unfairness of having the judgment creditors
go up their Calvary once more after more or less 15 years.37 The
same, however, does not obtain in the instant case.
We note at this point that estoppel, being in the nature of a
forfeiture, is not favored by law. It is to be applied rarely only from
necessity, and only in extraordinary circumstances. The doctrine
must be applied with great care and the equity must be strong in its
favor.38 When misapplied, the doctrine of estoppel may be a most
effective weapon for the accomplishment of injustice.39 Moreover, a
judgment rendered without jurisdiction over the subject matter is
void.40 Hence, the Revised Rules of Court provides for remedies in

attacking judgments rendered by courts or tribunals that have no

jurisdiction over the concerned cases. No laches will even attach
when the judgment is null and void for want of jurisdiction.41 As we
have stated in Heirs of Julian Dela Cruz and Leonora Talaro v. Heirs
of Alberto Cruz,42
It is axiomatic that the jurisdiction of a tribunal, including a quasijudicial officer or government agency, over the nature and subject
matter of a petition or complaint is determined by the material
allegations therein and the character of the relief prayed for,
irrespective of whether the petitioner or complainant is entitled to
any or all such reliefs. Jurisdiction over the nature and subject
matter of an action is conferred by the Constitution and the law, and
not by the consent or waiver of the parties where the court
otherwise would have no jurisdiction over the nature or subject
matter of the action. Nor can it be acquired through, or waived by,
any act or omission of the parties. Moreover, estoppel does not
apply to confer jurisdiction to a tribunal that has none over the
cause of action. x x x
Indeed, the jurisdiction of the court or tribunal is not affected by the
defenses or theories set up by the defendant or respondent in his
answer or motion to dismiss. Jurisdiction should be determined by
considering not only the status or the relationship of the parties but
also the nature of the issues or questions that is the subject of the
controversy. x x x x The proceedings before a court or tribunal
without jurisdiction, including its decision, are null and void, hence,
susceptible to direct and collateral attacks.43
With the above considerations, we find it unnecessary to resolve the
other issues raised in the petition.
WHEREFORE, premises considered, the Petition for Review
on Certiorari is GRANTED. Criminal Case No. 2235-M-94 is hereby
DISMISSED without prejudice.

SO ORDERED.