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Jurisdiction Midterm Reviewer
Jurisdiction Midterm Reviewer
Manallo, C. G.
The power and authority of the court or tribunal to HEAR, TRY and DETERMINE
a cause or right and adjudicate on the case.
The power or capacity given by law to a court or tribunal to ENTERTAIN, HEAR,
TRY and DETERMINE litigations.
The power of the court over the subject matter, res or property in dispute, and to
render judgment thereon
THE POWER AND AUTHORITY OF THE COURT TO HEAR, TRY AND DECIDE
A CASE.
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ALLOCATION OF JURISDICTION
CONGRESS – has the authority and power to legislate on the matters of jurisdiction of
various courts (vested by the Constitution)
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ADHERENCE OF JURISDICTION
IMPORTANT!!
The Original Court (although it has the jurisdiction by the time the action was filed
LOSES ITS JURISDICTION WHEN - - -> UPON THE ENACTMENT OF A NEW LAW
CONFERRING THE JURISDICTION TO ANOTHER TRIBUNAL – meaning: where there
is a subsequent statute expressly providing or its construed to that effect that is applicable
to operate the actions before its enactment.
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TEST OF JURISDICTION
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TOTALITY RULE – When there are several claims or causes of action between the same
or different parties, embodies in the same complaint, the amount of demand shall
be the totality of the amount of claims in all causes of action, whether the cause of
action arose from out of the same or different transaction
NOTE: It’s the DUTY OF THE COURTS to consider the question of jurisdiction before
they look into other matters involved in the case, even though such question is NOT
RAISED by any of the parties
JURISDICTION VS. EXERCISE OF JURISDICTION
Jurisdiction – refers to the POWER AND AUTHORITY of the court, conferred and
determined by law to hear, try and decide a case
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ISSUE: Lower court acting within the scope of jurisdiction but erred in applying the
law or jurisprudence or in appreciating the facts and evidence
REMEDY OF THE AGGRIEVED PARTY: File an appeal
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Error in Jurisdiction
1. Where the act complained of was issued by the Court without or in excess of
jurisdiction
2. Occurs when the court exercises a function not conferred upon it by law
3. Occurs when the court or tribunal, in the course of proceedings, acted beyond the
limits of jurisdiction (although it initially has jurisdiction)
4. Correctible by Writ of Certiorari under Rule 65 of the Rules of Court
5. Total absence of jurisdiction is an ABSOLUTE NULLITY
Error in Judgment
1. Presupposes that the court was vested with jurisdiction and acted within its
jurisdiction BUT in the process of exercising jurisdiction, it errs in its appreciation
and evaluation of facts and evidence thereby leading it to erroneous judgment
2. Correctible by Appeal
3. Not necessarily void
4. Error in Judgment is not necessarily void
LACK OF JURISDICTION VS. EXCESS OF JURISDICTION
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JURISDICTION
1. Refers to the AUTHORITY to hear and try and adjudicate on a case
2. Determined by SUBSTANTIVE LAW
3. Establishes RELATION BETWEEN THE COURT and THE SUBJECT MATTER
4. Fixed by LAW and CANNOT BE CONFERRED by the ACTS AND AGREEMENT
of the parties
VENUE
1. Refers to the PLACE where the case is to be heard and tried
2. Subject of the PROCEDURAL LAW
3. Establishes RELATION BETWEEN THE PLAINTIFF AND THE DEFENDANT
4. MAY BE CONFERRED by the ACTS and AGREEMENT of the parties
IMPORTANT!
IN CRIMINAL CASES – Venue is an ELEMENT OF JURISDICTION. A criminal action
can be instituted ONLY IN THE COURT which has TERRITORIAL JURISDICTION over
WHERE THE CRIME WAS COMMITTED
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Court of Law – signifies that if there is a specific law which clearly covers or governs the
issues raised in a case, the court has no option but to APPLY such controlling law in
resolving the issue. The Court has NO DISCRETION to ignore or disregard the clearly
applicable statute to the case
Court of Equity – denotes the AUTHORITY of THE COURT to resolve issues presented
in a case IN ACCORDANCE with the accepted precepts of FAIRNESS AND JUSTICE,
when there is no clear and positive law applicable to resolve the issue, or when the
law is ambiguous or of doubtful application
WHAT TO DO IF?
Procedure to be followed in the exercise of court’s jurisdiction AS CONFERRED BY
LAW Not specifically pointed out in the law or in the Rules of Court
ANSWER: May adopt any suitable process or mode of proceeding which appears
conformable with the spirit of the LAW, FAIRNESS and JUSTICE
COURT OF JUSTICE VS. QUASI JUDICIAL ENTITIES
Court of Justice
1. Where judicial power (the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable / duty of the court
to determine whether there has been grave abuse of discretion amounting to lack
of jurisdiction on the part of any agency or instrumentality of the government) is
vested
2. Consists of one Supreme Court and such lower courts as may be established by
law
Quasi-Judicial Entities
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Courts must allow administrative agencies to carry out their functions and
discharge of responsibilities within the specified areas of their respective
competence
Requires that before a party is allowed to seek the intervention of the
court, he or she should first avail all the means of administrative processes
afforded to him or her in the resolution of the controversy falling under the
jurisdiction and expertise of the administrative authorities
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CLASSIFICATION OF JURISDICTION
Memory Aid: G-Spec-Or-Appel-Exorig-Con
4. Appellate –
(as contra-distinguished to Original) - refers to the authority of a COURT OF
HIGHER RANK to RE-EXAMINE the FINAL ORDER or judgment of a LOWER
COURT which tried the case which is now elevated for judicial review to the Court
of Higher Rank
Refers to the court which has the power or authority to REVIEW ON APPEAL
the decisions or orders of lower rank courts. Appellate Court may AFFIRM,
MODIFY, or REVERSE the appealed decision of the lower court.