VICENTE CALUAG an !ULIANA GARCIA vs. "OTENCIANO "EC#ON an ANGEL $. %O!ICA,!&'e( o) t*e Co&rt o) +,r(t In(tance o) -&.acan, an LEON ALE!O +ACT#/ On August 10, 1937, Alejo filed a complaint against Caluag and Garcia for the redemptionof one half pro indiviso of a par cel of l and i n Gui gui nt o, !ul acan. Af t er t r i al , t he C"# !ul acanrendered judgment ordering petitioners to e$ecute a deed of sale in favor of "ortunato Alejo, uponpa%ment &% plaintiff, as purchase price, of the amount of '(,))1. 'etitioners filed an appeal to theCA &ut it *as denied. Conse+uentl%, Alejo filed a ,otion for -$ecution..hen the petitioners opposed, Alejo filed &efore C"# a petition for contempt and it *as granted&% the respondent. A petition for certiorari *as filed against the respondent judge, allegedl% acted*ithout or in e$cess of the jurisdiction of the court in rendering the resolution *hich declares the petitioners guilt% of contempt of court for not compl%ing or performing its prior order re+uiring thepetitioners to e$ecute a deed of sale in favor of plaintiff over onehalf of the land pro indiviso in+uestion. /he petitioners in support of the present petition for certiorari, alleged other ( grounds, to*it0 112 that plaintiff3 s action a&ated or *as e$tinguished upon the death of the plaintiff "ortunato Alejo, &ecause his right of legal redemption *as a personal one, and therefore not transfera&le to his successor s i n i nt er est 4 and 1 (2 t hat , even assumi ng t hat i t i s a per sonal one and t heref or e transfera&le, his successors in interest have failed to secure the su&stitution of said deceased &% his legal representative under section 17, 5ule 3. I##UE/ .O6 respondent 7udge Angel ,ojica acted *ithout jurisdiction in proceeding against anddeclaring the petitioners guilt% of contempt. $EL0/ 8es RATIO/ #t is *ell settled that jurisdiction of the su&ject matter of a particular case is something morethan the general po*er conferred &% la* upon a court to ta9e cogni:ance of cases of the general class to *hich the particular case &elongs. /he respondent 7udge ,ojica acted not onl% *ithout jurisdiction in proceeding against and declaring the petitioners guilt% of contempt, &ut also in e$cessof jurisdiction in ordering the confinement of the petitioners, &ecause it had no po*er to impose suchpuni shment upon t he l at t er. /he r espondent j udge has no po*er under t he l a* t o or der t heconfinement of the petitioners until the% have compiled *ith the order of the court. A *rong decision made *ithin the limits of the court3s authorit% is erroneous and ma% &e correctedon appeal or other direct revie*, &ut a *rong, or for that matter a correct, decision is void, and ma%&e set aside either directl% or collaterall%, *here the court e$ceeds its jurisdiction and po*er inrendering it. ;ence though the court has ac+uired jurisdiction over the su&ject matter and thepar t i cul ar case has &een su&mi t t ed pr operl % t o i t f or hear i ng and deci si on, i t *i l l over st ep i t s jurisdiction if it renders a judgment which it has no power under the law to render.
Robert Allen Gooden v. Tommy Baysden, Individually and His Successors in Office, and Town of Clarkton, Nc, a Municipal Corporation Linda Revels Steve Prince Lawrence McDougald Former Commissioners, Town of Clarkton Wade Tart Roy Butler Cathy McEwen Present Commissioners, Town of Clarkton W a Hall, Building Inspector, Town of Clarkton Ralph Smith, Chief of Police, Town of Clarkton Dan Meshaw, Mayor, Town of Clarkton, 956 F.2d 263, 4th Cir. (1992)