MARK JOHN U. RAMOS JURISDICTION ATTY.
ALYSSA REA FRONGOSO
JURISDICTION
JURISDICTION - the power and authority of the court to hear, try, and decide a case.
- It is also the power to execute its decision since such is an essential aspect of
jurisdiction and is the most important part of litigation.
Note: Jurisdiction is not the decision itself but the authority
CLASSIFICATION OF JURISDICTION
Original and Appellate Jurisdiction
• Original Jurisdiction – refers to the question of which court has the authority to hear a
legal case for the first time.
• Appellate Jurisdiction – refers to the court authority to hear the appeal of a court that
was originally heard by the court of original jurisdiction.
General and Special Jurisdiction
• General Jurisdiction – courts with competence to decide on their own jurisdiction and
to take cognizance of all cases, civil and criminal of a particular nature
• Special Jurisdiction – court which only have a special jurisdiction for particular purpose
or are clothed with special powers for the performance of specified duties beyond
which they have no authority of any kind.
Exclusive and Concurrent Jurisdiction
• Exclusive Jurisdiction – where one court has the power to adjudicate a case to the
exclusion of all other courts
- the sole forum for a particular case
• Concurrent Jurisdiction -when two or more different courts possess the authority to
hear & decide on the same matter within the same territory.
DOCTRINE OF HIERARCHY OF COURTS
• Doctrine of Hierarchy of Courts – It provides that direct invocation of the Supreme
Court’s original jurisdiction should be allowed only when there are special and
important reasons therefor.
Note: Direct recourse to the SC is allowed only to resolve questions of law
MARK JOHN U. RAMOS JURISDICTION ATTY. ALYSSA REA FRONGOSO
DOCTRINE OF CONTINUITY OF JURISDICTION
• Doctrine of Continuity of Jurisdiction – means that once jurisdiction has been acquired,
it retains that jurisdiction until it finally disposes of the case.
Note: Doctrine of Continuity of Jurisdiction is also called Doctrine of Adherence of Jurisdiction
ASPECTS OF JURISDICTION
• Jurisdiction over the parties
• Jurisdiction over the subject matter
• Jurisdiction over the issue of the case
• Jurisdiction over the res or thing involved in the litigation
Note: The Case is null and void if there is no Jurisdiction
Jurisdiction over the parties
For Ordinary or Regular Proceedings
1. Plaintiff
2. Defendants
CIVIL PROCEEDING
Jurisdiction over the Person on the Defendant (how to acquire)
1. Proper Service of Summons
2. Voluntary Appearance or Submission in Court
CRIMINAL PROCEEDING
Jurisdiction over the Person on the Accused (how to acquire)
1. Arrest or Apprehension
2. Voluntary Surrender
Jurisdiction over the Person on the plaintiff (how to acquire)
1. By filling a complaint
2. Paying the filling fee
Jurisdiction over the Subject Matter
General Rule: Jurisdiction over the Subject Matter can be raised at any stage of the
proceedings
Exception to the Rule: By Estoppel by laches on questions of Jurisdiction (Case of Tijam vs
Sibonghanoy)
MARK JOHN U. RAMOS JURISDICTION ATTY. ALYSSA REA FRONGOSO
Note: Jurisdiction over the subject matter cannot be waived
Jurisdiction and Exercise of Jurisdiction
JURISDICTION EXERCISE OF JURISDICTION
Conferred by substantive law Governed by the RULES OF COURT
Where there is a jurisdiction, the decision is
Authority to decide a case but an exercise of jurisdiction
How jurisdiction is conferred and determined
JURISDICTION OVER THE SUBJECT MATTER
DETERMINED
CONFERRED
Allegations in Law in effect Character of the
the complaint upon filling relief sought
By LAW
Doctrine of Primary Administrative Jurisdiction and Doctrine of Exhaustion of Administrative
Remedies
• Doctrine of Administrative Remedies- emphasizes that initial conferment of jurisdiction
over a particular matter to an administrative body before a court could exercise
jurisdiction of the same.
MARK JOHN U. RAMOS JURISDICTION ATTY. ALYSSA REA FRONGOSO
REASON: because there are some controversies which demand the exercise of sound
administrative discretion requiring special knowledge, experience, and services before
passing to courts for adjudication.
• Doctrine of Exhaustion of Administrative Remedies – which it emphasizes the
procedural requirement which a party should follow before seeking judicial relief.
Doctrine of Non-Interference or Judicial Stability
• Doctrine of Non-Interference – also known as Judicial Stability
- states that the judgment or order of a court of competent jurisdiction may
not be interfered with by any other court of concurrent jurisdiction for the
simple reason that the power to open, modify or vacate the said judgment or
order is not only possessed but is restricted to the court in which the
judgment or order is rendered or issued.
Jurisdiction Over the Issue
Jurisdiction over the Issue (how to acquire)
1. Conferred by consent (express or implied)
2. Conferred by pleadings
JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION
• Jurisdiction over the res- is the authority of a court to hear and determine a case
involving the personal status of plaintiff or the property of the defendant in the
Philippines
JURISDICTION OF RTC
• Above 400k – civil case/actions involving the title to or possession of, real property, or
any interest therein.
Note: Forcible entry and unlawful detainer (ejectment cases) falls to the MTC
• above 2M- admiralty and marine jurisdiction
- probate, both estate and intestate
- money claims
• incapable of pecuniary estimation
JURISDICTION vs VENUE
• Jurisdiction- is the authority of a court to hear and decide a case. It is a matter of
Substantive law and granted by the law or the Constitution.
• Venue- is the specific location of court where legal case is heard. It is a matter of
procedural law and usually based on geographical considerations. In can be waived or
stipulated in civil cases.
MARK JOHN U. RAMOS JURISDICTION ATTY. ALYSSA REA FRONGOSO
VENUE IN CRIMINAL
- The venue in criminal is an essential element of criminal jurisdiction.
- This is usually the location where the crime occurred or where the body of
the crime was found.
VENUE IN CIVIL
- The venue in civil is waivable and can be stipulated by the parties in some
cases.
- Depends on whether the action is personal or real.
ERROR OF JURISDICTION AND ERROR OF JUDGMENT
ERROR OF JURISDICTION
- Can be cured by extraordinary writ of certiorari
- Renders judgment void or atleast voidable
- Lack or in excess of jurisdiction and grave abuse of discretion
- RULE 65 petition for certiorari
- Mistake initially by petitioners, respondents or judges
ERROR OF JUDGMENT
- Can becured by an appeal
- Does not render courts decisions void
- Includes error of procedure or mistake in the courts finding
- Rule 45 petition for review on certiorari
- Mistake by judge
Note: General rule: MR is required for certiorari except when there is “irreparable injury” to the
party.
