04/02/2020
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In case at bar, the application of the Tijam doctrine is called for because the
presence of laches cannot be ignored. If the surety in Tijam was barred by laches
for raising the issue of jurisdiction for the first time in the CA, what more for
petitioners in the instant case who raised the issue for the first time in their petition
before this Court.
At the time that the complaint was first filed in 1998, the IPRA was already in effect
but the petitioners never raised the same as a ground for dismissal; instead they
filed a motion to dismiss on the ground that the value of the property did not meet
the jurisdictional value for the RTC. They obviously neglected to take the IPRA into
consideration.
When the amended complaint was filed in 1998, the petitioners no longer raised the
issue of the trial court's lack of jurisdiction. Instead, they proceeded to trial, all the
time aware of the existence of the IPRA as evidenced by the cross-examination[82]
conducted by petitioners' lawyer on the CSTFAL Chairman Guillermo Fianza. In the
cross-examination, it was revealed that the petitioners were aware that the DENR,
through the CSTFAL, had lost its jurisdiction over ancestral land claims by virtue of
the enactment of the IPRA. They assailed the validity of the CSTFAL resolution
favoring respondent on the ground that the CSTFAL had been rendered functus
officio under the IPRA. Inexplicably, petitioners still did not question the trial court's
jurisdiction.
When petitioners recoursed to the appellate court, they only raised as errors the trial
court's appreciation of the evidence and the conclusions that it derived therefrom.
In their brief, they once again assailed the CSTFAL's resolution as having been
rendered functus officio by the enactment of IPRA.[83] But nowhere did petitioners
assail the trial court's ruling for having been rendered without jurisdiction.
It is only before this Court, eight years after the filing of the complaint, after the trial
court had already conducted a full-blown trial and rendered a decision on the merits,
after the appellate court had made a thorough review of the records, and after
petitioners have twice encountered adverse decisions from the trial and the appellate
courts -- that petitioners now want to expunge all the efforts that have gone into the
litigation and resolution of their case and start all over again. This practice cannot
be allowed.
Thus, even assuming arguendo that petitioners' theory about the effect of IPRA is
correct (a matter which need not be decided here), they are already barred by
laches from raising their jurisdictional objection under the circumstances.
WHEREFORE, premises considered, the petition is denied for lack of merit. The
March 30, 2006 Decision of the Court of Appeals in CA-G.R. CV No. 78987 and its
May 26, 2006 Resolution denying the motion for reconsideration are AFFIRMED.
SO ORDERED.
Corona, C.J., (Chairperson), Velasco, Jr., Leonardo-De Castro, and Perez, JJ.,
concur.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54595
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