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Objection to jurisdiction over subject matter LA NAVAL DRUG CORPORATION vs.

Court of Appeals an d Wilson Yao ( 236 SCRA78) FACTS: Yao leased a commercial building to La Naval Drug Co. But later they had disagreement on the rental rate, which was submitted to arbitration, Yao appointed his arbitrator, while La Naval chose its arbitrator. The confirmation of the appointment of third arbitrator (Tupang), was held in abeyance because La Naval instructed its lawyer to defer the same until its Board of Directors could convene and approve Tupang's appointment. Yao then filed Special Case No. 6024 for Enforcement of Arbitration with Damages. The RTC announced that the two arbitrators chose the third arbitrator. And ordered the parties to submit their position papers on the issue as to whether or not Yao's claim for damages may be litigated upon in the summary proceeding for enforcement of arbitration agreement. In moving for reconsideration of the said Order, La Naval argued that in Special Case No. 6024, the RTC sits as a special court exercising limited jurisdiction and is not competent to act on Yao's claim for damages, which poses an issue litigable in an ordinary civil action. But the RTC was not persuaded by La Naval's submission. It denied the motion for reconsideration. While the appellate court has agreed with La

Naval that, under Section 6 of Republic Act No. 876, a court, acting within the limits of its special jurisdiction, may in this case solely determine the issue of whether the litigants should proceed or not to arbitration, it, however, considered petitioner in estoppel from questioning the competence of the court to additionally hear and decide in the summary proceedings private respondent's claim for damages, it (petitioner) having itself filed similarly its own counterclaim with the court a quo. Issue: Whether or not the court a quo has jurisdiction over the subject matter (claim for
Damages)? HELD: No. Where the court itself clearly has no jurisdiction over the subject matter or the nature of the action, the invocation of this defense may be done at any time. It is neither for the courts nor the parties to violate or disregard that rule, let alone to confer that jurisdiction, this matter being legislative in character. Barring highly meritorious and exceptional circumstances, such as hereinbefore exemplified, neither estoppel nor waiver shall apply. The court must then refrain from taking up the claims of the contending parties for damages, which, upon the other hand, may be ventilated in separate regular proceedings at an opportune time and venue.

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