Jurisdiction by estoppel

G

"x x x.


A review of the records shows that petitioner did not raise the issue of jurisdiction or venue in her Answer filed with the MTCC. The CA correctly held that even if the geographical location of the subject property was not alleged in the Complaint, petitioner failed to seasonably object to the same in her Affirmative Defense, and even actively participated in the proceedings before the MTCC. In fact, petitioner did not even raise this issue in her appeal filed with the RTC. Thus, she is already estopped from raising the said issue in the CA or before this Court. Estoppel sets in when a party participates in all stages of a case before challenging the jurisdiction of the lower court.10 One cannot belatedly reject or repudiate the lower court's decision after voluntarily submitting to its jurisdiction, just to secure affirmative relief against one's opponent or after failing to obtain such relief.11 The Court has, time and again, frowned upon the undesirable practice of a party submitting a case for decision and then accepting the judgment, only if favorable, and attacking it for lack of jurisdiction when adverse.12

x x x."