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Showing posts with the label Doctrine of continuity of jurisdiction

PNB v. Tejano, Jr., 2009

GR no. 173615| PNB v. Tejano, Jr.  October 16, 2009 Doctrines; Sound indeed is the rule that where the law is clear, plain and free from ambiguity, it must be given its literal meaning and applied without any interpretation or even construction. This is based on the presumption that the words employed therein correctly express its intent and preclude even the courts from giving it a different construction. (Verbal egis) It is binding rule, conformably with Article 4 of the Civil Code, that, generally, laws shall have only a prospective effect and must not be applied retroactively in such a way as to apply to pending disputes and cases. This is expressed in the familiar legal maxim lex prospicit, non respicit (the law looks forward and not backward.) Moreover, jurisdiction is conferred by no other source than law. Once jurisdiction is acquired, it continues until the case is finally terminated. The rule is that where a court has already obtained and is exercising jurisdiction over a...

Doctrine of Adherence of Jurisdiction in Philippine Remedial Law or Doctrine of continuity of jurisdiction

The Doctrine of Adherence of Jurisdiction , also known as the Doctrine of Continuity of Jurisdiction , ensures that once a court validly acquires jurisdiction over a case , it retains that jurisdiction until the case is fully resolved . Even after a judgment becomes final and executory , the court maintains jurisdiction to enforce and execute its ruling . Key Principles of the Doctrine 📌 Jurisdiction Continues Until Full Resolution ✔ Once a court acquires jurisdiction , it retains authority over the case until it has done everything necessary to resolve it. The principle that once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction. The doctrine holding that [e]ven the finality of the judgment does not totally deprive the court of jurisdiction over the case. What the court loses is the power to amend, modify or alter the judgment. Even after the judgment has become final, the cour...