Jurisdiction

Lack of jurisdiction of the court over an action or the subject matter of an action cannot be cured by the silence, acquiescence, or even by express consent of the parties.

A decision of the court without jurisdiction is null and void; hence it could never logically become final and executory. Such a judgment may be attacked directly or collaterally. (Laresma v. Abellana, G.R. No. 140973)

The nature of an action and which court has jurisdiction over the action may be determined throught the following:

1. material allegation of the complaint;
2. type of relief prayed for by the plaintiff; and
3. law in effect in which the action is filed.

Irrespective of whether the plaintiffs are entitled to some or all of the claims asserted therein.