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Rem Law Introduction Notes
Rem Law Introduction Notes
JURISDICTION
HEARS
ORDINARY CIVIL ACTIONS
Jurisdiction
& SPECIAL CIVIL ACTIONS
Jurisdiction in Philippines means the authority given to
the courts of justice to hear and decide cases with the
COURT PROCEDURE: STAGE 1 - 4
ultimate goal to give justice to any issue or controversy
brought to them. It is also comes with the power to
1st
Stage
Complaint Answer 1
enforce its decisions.
Issues Enjoin
Remedy is
Remedy is
Requisites of Jurisdiction by
Rule 65 - Certiorari appeal Estoppel in Tijam vs. Sibonghayon.
No jurisdiction With jurisdiction N.B You can only apply Jurisdiction by estoppel if the
case is the same case with Tijam vs. Simbonghayon.
Correct decision Wrong decision Thus, below facts must be the same with the case at
G. rule Decision is BINDING hand:
Decision is VOID Error of Judgement 1. Losing party participated in the proceeding
Error of Jurisdiction 2. Ask an affirmative relief in the court
3. Losing party only question the jurisdiction of the
TIJAM, ET AL., vs. SIBONGHANOY court after 15 years or more
Expt.
April 15, 1968 , DIZON, J.
Jurisdiction over subject matter becomes WAIVABLE in N.B Available to Criminal Case (People v. Regalario), if
this only instance. This is the so colled Jurisdiction by only the factual circumstances are same in Tijam vs.
Estoppel. Thus, even if there is an error of jurisdiction, Sibonghayon,
according to principle of estoppel by laches, it will still
be valid.
This is the exception to the rule that Jurisdiction over Jurisdictional Estoppel can not be applied to
subject matter can't be waived. jurisdiction over the person of the defendant.
(Boston Equity Resources, Inc. vs. CA., G.R. No. 173946,
HELD: “A party may be estopped or barred from raising a
June 19, 2013.)
question in different ways and for different reasons. Thus
we speak of estoppel in pais, or estoppel by deed or by
record, and of estoppel by laches.
mdj
Power of the court to try and decide issues Determined in the allegations in the pleadings
raised in the pleadings of the parties or by their
agreement in a pre-trial order or those tried by Exception: 1. By stipulation of the parties, as when in the pre-trial,
the implied consent of the parties the parties enter into stipulations of facts and documents or enter into
ISSUES an agrement simplifying the issues of the case; or
2. By express or implied consent of the parties, e.g. when the issues
not raised in the peladings are tried, it will be treated as if it has been
raised in the pleadings.
Jurisdiction over the THING which is subject of By seizure of the property under a legal process e.g. Attachment
RES ("thing") the case As a result of the institution of legal proceedings in which the
power of courts is recognized or made effective
Venue is jurisdictional in Criminal Cases The offense must have been committed or any one of its essential
Territory ingredients should have btaken place within the territorial
(Applies only for
The place where the crime was committed jurisdiction of the court.
Criminal Jurisdiction ) determines not only the venue of the action but
also it is an essential element of jurisdiction,
Jurisdiction over the subject matter is the power of Rule It can never be acquired by waiver.
the court to hear and determine cases of the Expt. Jurisdictional Estoppel (Tijam vs Sibonghanoy)
general class to which the proceedings in question
It cannot be acquired by an agreement between the
belongs. (Banco Español-Filipino vs. Palanca, 37
parties, waiver, failure to object or silence.
Phil. 291)
So kung mag file ka ng case at hindi nag object ung
defendant. His silence will not be a waiver of jurisdiction of
the court. Kahit na may usapan pa sila kung saan na court of
justice sila magkasuhan, ang jurisdiction over the subject
matter can only be conferred by law.
mdj
Sharia'h Courts
4th level courts: Supreme Court
3rd level courts: Appellate
Court of Appeals/ CTA/ SB
2nd level courts: District
Regional Trial Courts
1st level courts: MTC Circuit
Procedural Exception
Accused is under police custody
Person has benn deprived of personal liberty,
Barangay: Lupon thus, calling for a habeas corpus proceeding
Labor disputes
Authority: All disputes between parties actually CARL disputes
residing in the same city or Those involving the traditions of indigenous
municipality for amicable cultutral community
settlement:
Exception What is the force and effect of a "Kasunduan" in
barangay conciliation proceeding?
Where one party is the GOVERNMENT, or any
subdivision or instrumentality thereof; The amicable settlement and arbitration award shall
Where one party is a public officer, or employee, have the force and effect of a final judgment of a
and the dispute raltes to the performance of court upon the expiration of ten (10) days from the
his/her official functions; date of its execution, unless the settlement or award
offenses punishable by imprisonment exceeding 1 has been repudiated or a petition to nullify the award
year or a fine exceeding 5,000 pesos has been filed before the proper city or municipal
Offenses where there is no private offended party court.
where the dispute involves real properties located
in different cities and municipalities
By having him (1) arrested; (2) by service of the
Exeption: the parties thereto agree to submit
warrant of arrest; or (3) by his voluntary surrender.
their differences to amicable settlement by an
appropriate lupon
G. rule No complaint, petition, action or proceeding
Disputes involving parties who actually reside in involvig any matter within the authority of the Lupon
barangasy of different cities or municipalities. shall be filed or instituted directly in court or any
Exeption: Where such barangay units adjaoin government office for adjudication.
each other and the parties thereto agree to
submit their differences to amicable Expt. 1. There has been a confrontation between the
settlement by an approprieate lupon parties before the Lupon chairman or pangkat
2. No conciliation or settlement has been reached
Such other classes of disputes which the President or if a conciliation or settlement is reached,
of the Philippines may determine in the interest of that it has been repudiated by the parties
jusitice or upon the recommendation of the thereto.
Secretary of Justice.
MTC's Jurisdiction (Subject Matter)
NEW:
In all matters of probate, both testate and intestate, where Jurisdictional amount of gross value
the gross value of the estate DOES NOT EXCEEDS Three
hundred thousand pesos (P300,000.00) or, in probate matters of the estate DOES NOT
in Metro Manila, where such gross value DOES NOT EXCEEDS 2 Million regardless if
EXCEEDS Four hundred thousand pesos (P400,000.00) within Metro Manila or outside.
NEW:
In all matters of probate, both testate and intestate, where the Jurisdictional amount of gross value of
gross value of the estate exceeds Three hundred thousand
pesos (P300,000.00) or, in probate matters in Metro Manila, the estate EXCEEDS 2 Million
where such gross value exceeds Four hundred thousand pesos regardless if within Metro Manila or
(P400,000.00) outside.
In all civil actions and special proceedings falling within the Same
exclusive original jurisdiction of a Juvenile and Domestic
Relations Court and of the Court of Agrarian Relations as
now provided by law