juris.docx
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This document contains summaries of two court cases: 1) The first case discusses rules regarding defenses and objections not raised in initial pleadings being deemed waived, with some exceptions around jurisdiction. It also discusses amendments to pleadings to conform to evidence presented during trial. 2) The second case summary discusses exceptions to the general rule of not considering constitutional questions not raised in initial pleadings. It notes courts can inquire into their own jurisdiction and determine if a statute upon which jurisdiction depends is unconstitutional.
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![Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 168979 December 2, 2013
REBECCA PACAÑA-CONTRERAS and ROSALIE PACAÑA, Petitioners,
vs.
ROVILA WATER SUPPLY, INC., EARL U KOKSENG, LILIA TORRES, DALLA P. ROMANILLOS and
MARISSA GABUYA, Respondents.
Under the present Rules of Court, this provision was reflected in Section 1, Rule 9, and we
quote:
Section 1. Defenses and objections not pleaded. — Defenses and objections not pleaded either
in a motion to dismiss or in the answer are deemed waived. However, when it appears from the
pleadings or the evidence on record that the court has no jurisdiction over the subject matter,
that there is another action pending between the same parties for the same cause, or that the
action is barred by a prior judgment or by statute of limitations, the court shall dismiss the
claim. [underscoring supplied]
Section 5. Amendment to conform to or authorize presentation of evidence. — When issues not
raised by the pleadings are tried with the express or implied consent of the parties they shall
be treated in all respects as if they had been raised in the pleadings. Such amendment of the
pleadings as may be necessary to cause them to conform to the evidence and to raise these
issues may be made upon motion of any party at any time, even after judgment; but failure to
amend does not effect the result of the trial of these issues. If evidence is objected to at the trial
on the ground that it is not within the issues made by the pleadings, the court may allow the
pleadings to be amended and shall do so with liberality if the presentation of the merits of the
action and the ends of substantial justice will be subserved thereby. The court may grant a
continuance to enable the amendment to be made.
[ G.R. Nos. 217126-27. November 10, 2015 ]
CONCHITA CARPIO MORALES, IN HER CAPACITY AS THE OMBUDSMAN, PETITIONER,
VS. COURT OF APPEALS (SIXTH DIVISION) AND JEJOMAR ERWIN S. BINAY, JR.,
RESPONDENTS.
While courts will not ordinarily pass upon constitutional questions which are not raised
in the pleadings, the rule has been recognized to admit of certain exceptions. It does not
preclude a court from inquiring into its own jurisdiction or compel it to enter a judgment
that it lacks jurisdiction to enter. If a statute on which a court's jurisdiction in a
proceeding depends is unconstitutional, the court has no jurisdiction in the proceeding,
and since it may determine whether or not it has jurisdiction, it necessarily follows that
it may inquire into the constitutionality of the statute.](https://image.slidesharecdn.com/juris-230104022636-64464007/85/juris-docx-1-320.jpg)
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The Supreme Court of Kansas heard a case regarding the constitutionality of a Kansas statute that caps noneconomic damages in medical malpractice cases at $250,000. The Court upheld the statute as constitutional, finding that: (1) the statute and broader medical malpractice legislation further a valid public interest in promoting public welfare and healthcare availability; and (2) the legislature substituted an adequate statutory remedy for any modification of common law rights. The Court also rejected claims that the statute violated separation of powers, equal protection, or other constitutional provisions. While the cap limits damages awards, the Court found it did not prevent reasonable compensation or obstruct the right to a jury trial.
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三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
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◇面对父母的压力，希望尽快拿到；
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◇企事业单位必须要求办理的
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留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
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多年留学服务公司,拥有海外样板无数能完美1:1还原海外各国大学degreeDiplomaTranscripts等毕业材料。海外大学毕业材料都有哪些工艺呢？工艺难度主要由：烫金.钢印.底纹.水印.防伪光标.热敏防伪等等组成。而且我们每天都在更新海外文凭的样板以求所有同学都能享受到完美的品质服务。
国外毕业证学位证成绩单办理方法：
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本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
The Work Permit for Self-Employed Persons in Italy
Learn more on how to obtain the work permit for self-employed persons in Italy at https://immigration-italy.com/selfemployment-work-permit-in-italy/.
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juris.docx
- 1. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 168979 December 2, 2013 REBECCA PACAÑA-CONTRERAS and ROSALIE PACAÑA, Petitioners, vs. ROVILA WATER SUPPLY, INC., EARL U KOKSENG, LILIA TORRES, DALLA P. ROMANILLOS and MARISSA GABUYA, Respondents. Under the present Rules of Court, this provision was reflected in Section 1, Rule 9, and we quote: Section 1. Defenses and objections not pleaded. — Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. However, when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim. [underscoring supplied] Section 5. Amendment to conform to or authorize presentation of evidence. — When issues not raised by the pleadings are tried with the express or implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not effect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made. [ G.R. Nos. 217126-27. November 10, 2015 ] CONCHITA CARPIO MORALES, IN HER CAPACITY AS THE OMBUDSMAN, PETITIONER, VS. COURT OF APPEALS (SIXTH DIVISION) AND JEJOMAR ERWIN S. BINAY, JR., RESPONDENTS. While courts will not ordinarily pass upon constitutional questions which are not raised in the pleadings, the rule has been recognized to admit of certain exceptions. It does not preclude a court from inquiring into its own jurisdiction or compel it to enter a judgment that it lacks jurisdiction to enter. If a statute on which a court's jurisdiction in a proceeding depends is unconstitutional, the court has no jurisdiction in the proceeding, and since it may determine whether or not it has jurisdiction, it necessarily follows that it may inquire into the constitutionality of the statute.