EXERCISE OF JURISDICTION THE AUTHORITY TO DECIDE A CASE AT ALL , AND NOT THE DECISION THEREIN , IS WHAT MAKES UP JURISDICTION

IT IS THE POWER OF THE COURT TO HEAR AND DECIDE CASES ( for the power to decide , it carries with it the power to decide wrongly as well as rightly ) A COURT MAY ACT : 1st. WITHOUT POWER OR JURISDICTION the act or judgment of the court is wholly void 2nd HAVING POWER OR JURISDICTION , MAY EXERCISE IT WRONGFULLY wrong and must be reversed upon error 3rd IRREGULARLY irregular and must be corrected by motion Jurisdiction is conferred bylaw Or by the constitution cannot be fixed by the will of the parties It cannot be acquired through any act or omission of the parties Constitutionally viewed , apportionment of jurisdiction is vested in the Legislature Jurisdiction , a matter of Substantive Law That part of the law which creates , defines and regulates rights and which regulates the rights and duties which gives rise to a cause of action . [ while that which prescribe the methods of enforcing rights or redress for their invasion is Remedial or Procedural law ] Jurisdiction is the power and authority of the court to hear, try and decide a case. In general, jurisdiction may either be over the nature of the action, over the subject matter, over the person of the defendants or over the issues framed in the pleadings. Jurisdiction over the nature of the action and subject matter is conferred by law. It is determined by the allegations of the complaint, irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein. Jurisdiction over the person of the plaintiff is acquired from the time he files his complaint; while jurisdiction over the person of the defendant is acquired by his voluntary appearance in court and his submission to its authority, or by the coercive power of legal processes exerted over his person. Regional Trial Court The Regional Trial Court (RTC), formerly known as the Court of First Instance (CFI), is part of the Philippine Court System classified as courts of general jurisdiction. They handle and decide not only the particular classes or kinds of cases assigned to them by law, but also those which are not within the jurisdiction of

the courts of the first level or the Metropolitan Trial Courts Currently, there are a total of thirteen (13) Regional Trial Courts, from 13 different judicial regions, that exist in the Philippines. REGIONAL TRIAL COURTS ( Under BP129 [ The Judiciary Reorganization Act of 1980 ] as amended ) X X X. Section 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive original jurisdiction: [Civil Action a party sues another for the enforcement or protection of a right , or prevention or redress (remedy) of a wrong ] (1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation; (2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such the value exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts; (3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (200,000.00); (4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (200,000.00); (5) In all actions involving the contract of marriage and marital relations; (6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction or any court, tribunal, person or body exercising judicial or quasi-judicial functions; (7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law; and (8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos (100,000.00) or, in such other abovementioned items exceeds Two hundred thousand pesos (200,000.00). (as amended by R.A. No. 7691*) [ Give more focus for the purpose of CrimPro Subject ] Section 20. Jurisdiction in criminal cases. Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter. All criminal cases in which the penalty provided by law exceeds 6years imprisonment ( Prision Mayor 6y-1d-to 12y ) and which are not within the exclusive jurisdiction of any court , tribunal or body . Example of Prision Mayor : conspiracy to commit treason , theft ( not

qualified theft bec. its penalty is already 2degree higher meaning reclusion perpetua) slight illegal detention and so on . Over offenses where the fine is more than 4k pesos If the amount of the fine exceeds four thousand pesos,The Regional Trial Court shall have jurisdiction, including offenses committed by public officers and employees in relation to their office, where the amount of the fine does not exceed six thousand pesos. Where the prescribe law is purely fine only for CRIMES RTC above 4k ( 4,050k ) MTC 4k or less However, the exception to the exception is when the crime is damage to property, like reckless imprudence, because in the crime of damage to property through criminal negligence the penalty is only fine, wala yang imprisonment under the RPC and the fine is equal to the damage or not more than three (3) times the amount of the damage. EXAMPLE: You bumped a car and you wreck it. The car is worth P100,000. Ano ang penalty? The minimum fine is P100,000 equal to the value of the damage and the maximum is P300,000 (three times the value of the damage, Article 365, RPC). So the fine could range from P100,000 to P300,000. Q: Sa RTC na ba yan because it is above P4,000? A: No! Basta damage to property through reckless imprudence, automatically it is the MTC regardless of the amount of fine. The P4,000 is only for crimes other than damage to property through reckless imprudence. Under PD1606 as amended by RA8249 : The Criminal cases of Government officials Offense punishable by imprisonment of more than 6years or fine more than 4k Official is lower than salary grade 27 ( morethan SG27 SBs jurisdiction already) Ex. MTC Judge , Sanguniang Bayan ,District Engr , Police Chief , Collecror of Customs etc. Jurisdiction over criminal cases under specific law o Violation of RA9165 ( Comprehenssive DDA of 2002) o Libel cases ( eventhough punishable by prision correctional (art.360) ( people vs eduarte G.R no.88232 , 2.26.90 ) o Criminal violation of Intellectual Property Code ( patent , trademark, trade name and copyright ) o Election Criminal Cases Q: Give instances of this exception. In what cases will the RTC will try the case even if the penalty is only six (6) years or less? A: There are four (4) instances as laid down by the SC in cases of MORALES VS. CA, 283 SCRA 211 (1997) and COMELEC vs. NHOYNAY , 292 SCRA 254 (1998): 1. Libel Klaro sa Article 360, RPC na RTC, pero if you look at the penalty for libel, hindi man makaabot ng six (6) years ba! Article 360 prevails. 2. The Decree on Intellectual Property. Criminal cases for the violation of the Decree on Intellectual Property mga trademarks yan. 3. The Dangerous Drugs Act. Basta Dangerous Drugs, automatic RTC yan even if the penalty is prision correcional lang. 4. Violation of the Omnibus Election Code Criminal cases arising from the violations of the Omnibus Election Code is with the RTC even if the penalty is below six (6) years and one (1) day (Comelec vs. Nhoynay) Appellate jurisdiction over all cases decided by MTC , MeTC , MCTC, in

their respective territorial jurisdiction ( Sec.22 of BP 129 ) Complex crimes * must be prosecuted integrally (complete) as it were and not split into its component and made the subject of multiple information . * Robbery w Arson , Kidnapping with homecide Section 21. Original jurisdiction in other cases. Regional Trial Courts shall exercise original jurisdiction: (1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions; and (2) In actions affecting ambassadors and other public ministers and consuls. Section 22. Appellate jurisdiction. Regional Trial Courts shall exercise appellate jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions. Such cases shall be decided on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Courts. The decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the Court of Appeals which may give it due course only when the petition shows prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed. [ by way of appealing all cases decide by the lower courts in their respective jurisdiction ] [ show some illustration ] Procedure in the RTC (Rule 40 sec.7 ) 1. Upon receipt of complete record or the record on appeal RTC notify the parties of such fact . 2. Upon 15days of such notice appellant shall submit the briefly discussed error imputed to the lower court ( m/mtc,mctc ) Failure of the appellant to file a memorandum shall be aground for dismissal of the appeal 3 . upon the filing of the appellee , the case shall be considered submitted for decision . Then RTC shall decide the case on the basis of the entire record made in the court of origin . The court may decide AFFIRM or Reversed Section 23. Special jurisdiction to try special cases. The Supreme Court may designate certain branches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court may determine in the interest of a speedy and efficient administration of justice. Section 24. Special Rules of Procedure. Whenever a Regional Trial Court takes cognizance of juvenile and domestic relation cases and/or agrarian cases, the special rules of procedure applicable under present laws to such cases shall continue to be applied, unless subsequently amended by law or by rules of court promulgated by the Supreme Court.