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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Plaintiff S sues Defendant T in the Municipal Trial Court (MTC) for damages arising from a written contract, claiming PHP 650,000. The MTC's monetary jurisdiction is PHP 500,000. During pendency, the parties execute a Compromise Agreement; after due notice, the court approves the compromise and dismisses the case with prejudice. Later, Defendant raises lack of subject matter jurisdiction as a defense to the dismissal, arguing that the claim exceeds the MTC’s jurisdiction and cannot be adjudicated there. a)Identify the controlling doctrine on whether lack of subject matter jurisdiction can be waived or cured by consent or compromise. b)Apply the doctrine to the facts: does the compromise cure the lack of SMJ? Explain. c)State the proper remedy if SMJ is lacking and the likely disposition of the case moving forward.

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Clara

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