JURISDICTION AND VENUE

Jurisdiction - is the authority of the court to hear, try, determine a case, and execute its
decisions.

Aspects:
1) Over the Subject Matter – over the class of cases to which a particular case belongs.
1) -conferred by law.
- real actions, personal actions, or actions incapable of pecuniary estimation.
-a court devoid of jurisdiction over the case cannot make a decision in favor of
either party but can only dismiss the case for want of jurisdiction.

2) Over the Parties – power of the court to make decisions that are binding on
persons.
- a person not within the court’s jurisdiction is not by the judgment of that court.
Acquisition of Jurisdiction Over the Persons of the Parties:
■ Depends on whether the party is the plaintiff or the defendant.
■ Jurisdiction over the plaintiff is acquired as soon as he files his complaint or petition
since by asking an affirmative relief, he voluntarily submits himself to its jurisdiction.
■ While jurisdiction over the defendant in civil cases is acquired either by his voluntary
appearance in court and his submission to its authority or by service of summons. In
criminal cases, jurisdiction is acquired over the person of the accused by his voluntary
surrender, by posting a bond for his temporary liberty or by service of a warrant of
arrest.
3) Over the Issues of the Case – power of the court to try and decide the issues raised in the
pleadings of the parties.
-an issue is a disputed point or question to which parties to an action have narrowed
down their several allegations and upon which they are desirous of obtaining a decision.
4) Over the Res or Thing – everything that may form an object of rights, in
opposition to “persona” which is the subject of rights.
- how acquired:

*by placing the property or thing under its custody (custodia legis) or
constructive seizure.
*thru statutory authority conferring upon it the power to deal with the
property or thing (e.g. suits involving the status of the parties; suits
involving the property in the Philippines of non-resident defendants).

- a land registration case is a proceeding in rem, and jurisdiction over the res
cannot be acquired , unless there is a constructive seizure of the land thru
publication and service of notice. The seizure is not an actual seizure of the
land. (e.g. notice of lis pendens)
Extent of Relief:

- the court exercising an in rem or quasi in rem jurisdiction has

limited powers.
- its jurisdiction extends only to the value of the property over
which its jurisdiction is based. If the proven claim exceeds the
value of the property, the court has no authority to render a
deficiency judgment.

*Remember, that summons to the defendant is required whatever

be the nature of the action. The defendant who learns of the
attachment of his property is now confronted with 2 choices - - let
his property answer for his alleged debt or personally appear and
put a full-blown defense.
PLEASE STUDY ON YOUR OWN THE
JURISDICTION OF EACH COURT AS
PROVIDED UNDER BATAS PAMBANSA
129, AS MENDED BY REPUBLIC ACT
7691.
Jurisdictional Amount Does not Include the following:

a) interest – if already determinable then included.

b) damages of whatever kind – if incidental to the main case only.
c) attorney’s fees
d) litigation expenses
e) costs.

* but shall be included in the determination of filing fees.

Totality Rule: Where there are several claims or causes of actions between the same or
different parties, embodied in the same complaint, the amount of the demand shall be the
totality of the claims in all the causes of action, irrespective of whether the causes of action
rose out of the same or different transactions or whether they arose from a single cause of
action or several causes of action.

*in real actions, basis of jurisdictional amount is ASSESSED VALUE.

Accion Publiciana
- A plenary action for recovery of
possession to determine better and legal
right of possession , independently of
title.
- Determinative jurisdictional element is
-must be filed within one (1) year from
demand.
Accion Reivindicatoria
- A suit which has for its object the
recovery of possession over the real
property as owner.
the assesses value of the property (20k if
outside MM and 50k in MM jurisdiction
is with MTC)
Incapable of Pecuniary Estimation:
- that the nature of the action is not determined by what is stated in the caption of the
complaint but by the allegations in the complaint and the relief prayed for.
-in order to determine if an action is one incapable of pecuniary estimation, it is necessary
to ascertain the nature of the principal remedy sought.
- if the action is primarily for the recovery of a sum of money, then, it is capable of
pecuniary estimation.
- if the basic issue is something other than the right to recover a sum of money , or the
money claim is merely incidental to the principal relief, the action is incapable of pecuniary
estimation.
Examples would include:
- action for reformation of instrument
-rescission of a contract
- action for specific performance
VENUE:
- is the place, or the geographical area, in which a court with jurisdiction may hear and
determine a case.

Venue in Civil Cases Venue in Criminal Cases

- Merely procedural and not substantive - jurisdictional, hence, substantive.
- Can be waived - Cannot be waived.
- Conferred by the act or agreement of the - Conferred by law.
parties.
Complementary-Contracts-Construed-Together Rule:
- mandates that the provisions of an accessory contract must be read in its entirety and
together with the principal contract between the parties.
- Article 1374 of the Civil Code which provides that “the various stipulations of a contract
shall be interpreted together, attributing to the doubtful ones that sense which may result
from all of them taken jointly.”