02 Jurisdiction Flashcards
Define Jurisdiction
Jurisdiction is defined as the power and authority of a court to hear, try, and decide a case [Foronda-Crystal v. Son, G.R. No. 221815, 2017], as well as to enforce or execute its judgments or final orders [Echegaray v. SOJ, GR No. 132601, 1999].
Is jurisdiction substantive or procedural?
Both. Jurisdiction over the subject-matter is substantive as it is conferred by the Constitution or by law; while jurisdiction over the person is acquired by his voluntary submission to the authority of the court or through the exercise of its coercive processes and is, therefore, procedural. Jurisdiction over the res is obtained by actual or constructive seizure placing the property under the orders of the court and. isalso procedural [Zamora v. CA, G.R. No. 78206, 1990]
Distinguish original from appellate jurisdiction
Original jurisdiction - a court is one with original jurisdiction when actions or proceedings may be originally filed with it [Riano]; the power of the court to take judicial cognizance of a cae instituted for judicial action for the first time under the conditions prescribed by law [Tan].
Appellate - a court is one with appellate jurisdiction when it has the power to review on appeal the decisions or orders of a lower court [Riano]; power and authority conferred upon a superior court to rehear and determine causes which have been tried in lower courts, the cognizance which a superior court takes of a case removed to it, by appeal or writ of error, from the decision of a lower court, or the review by a superior court of the final judgment or order of some lower courts [Tan].
Distinguish general from special jurisdiction
General jurisdiction - courts of general jurisdiction are those with competence to decide on their own jurisdiction and take cognizance of all cases of a particular nature [Riano]; the power of the court to adjudicate all contorversies except those exprssly withheld from the plenary powers of the court. It extends to all controversies which may be brought before a court within the legal bounds of rights and remedies [Tan].
Courts which have the competence to exercise jurisdiction over cases not falling within the jurisdiction of any court, tribunal, person, or body exercising judicial or quasi-judicial functions [BP 129, secs. 19&20]
Special jurisdiction - courts of special jurisdiction are those which have jurisdiction only for a particular purpose or clothed with special powers for the performance of specified duties beyond which they have no authority of any kind [Riano];
Special or limited jurisdiciton is one which restricts the court’s jurisdiction only to particular cases and subject to such limitations as may be provided by the governing law. It is confined to particular causes, or which can be exercised only under the limitations and circumstnaces prescribed by the statute [Tan]
Distinguish exclusive from concurrent jurisdiction
Exclusive jurisdiction - precludes the idea of co-existence and refers to jurisdiction possessed to the exclusion of others [Cubero v. Laguna West Multi-Purpose Cooperatives, Inc. G.R. No. 166833]
Concurrent/Coordinate jurisdiction - power of different courts to take cognizance of the same subject matter. Where such jurisdiction exists, the court first taking cognizance of the case assumes jurisdiction to the exclusion of the other courts [Riano]
Examples of exclusive jurisdiction
- MTC having exclusive original jurisdiction over cases of forcible entry and unlawful detainer [BP 129, Sec. 33 par. 2]
- RTC having exclusive original jurisdiction over all civil actions in which the subject matter of litigation is incapable of pecuniary estimation [BP 129, Sec. 19, par. 1]
- CA having exclusive original jurisdiction over actions for annulment of judgments of the RTC [BP Blg 129, Sec. 9 par 2]
Note: Exclusive original jurisdiction precludes the idea of co-existence and refers to jurisdiction possessed to the exclusion of others [Cubero v. Laguna West Multi-Purpose Coop. Inc.]
Examples of concurrent jurisdiction
- SC having concurrent original jurisdiction with RTC in cases affecting ambassadors, other public ministers, and consults [CONST, Art. VIII Sec. 5; BP 129 Sec. 21 par 2];
- SC having concurrent original jurisdiction with the CA in petitions for certiorari, prohibition, and mandamus against the RTCs [CONST, Art. VIII, Sec. 5; BP 129 Sec. 9 par. 1]
- SC having concurrent original jurisdiction with the CA and the RTC in petitions for certiorari, prohibition and mandamus against lower courts and bodies in petitions for quo warranto and habeas corpus [CONST, Art. VIII, Sec. 5; BP 129, Sec. 9(1) and 21(1)]
What is the Doctrine of Adherence to Jurisdiction (Continuity to Jurisdiction)?
The doctrine of adherence to jurisdiction provides that once a court has acquired jurisdiction, such jurisdiction cannot be ousted by subsequent events although of a character which would have prevented jurisdiction from attaching in the first instance. Once jurisdiction has been acquired, it continues until the court finally disposes of the case [Barrameda v. Rural Banc of Canaman, Inc. GR 176260]
The jurisdiction of a court whether in criminal or civil cases, once attached cannot be ousted by subsequnt happenings or events, although of a character which would have prevented jurisdiction from attaching in the first instance, and it retains jurisdiction until it finally disposes of hte case [Aruego v. CA, GR 112193]
In Aruego, notwithstanding the subsequent enactment of the Family Code, the Court ruled the rule on prescription in the Family Code does not apply to the complaint for compulsory recognition and enforcement of successional rights filed prior to its enactment. To do so would have impaired a vested right which was acquired by the respondents when they filed the case.
What are the exceptions to the doctrine of adherence to jurisdiction?
The following are exceptions to the doctrine of adherence to jurisdiction:
1. When the new law expressly provides for a retroactive applicaiton;
2. When the change of jurisdiciton is curative in character [Vda de Ballesteros v. Rural Bank of Canaman, Inc. G.R. No. 176260, 2010]
The Supreme Court has exclusive original jurisdiction:
The Supreme Court has exclusive original jurisdiction:
Petitions for certiorari, prohibition, or mandamus against:
1. Court of Appeals (Judiciary Act of 1948, Sec. 17);
2. Commission on Elections (CONSt. Art. IX, Sec. 7);
3. Commission on Audit (CONST. Art. IX, Sec 7);
4. Sandiganbayan (PD No. 1606);
5. Court of Tax Appeals (RA 9282);
6. Disciplinary proceedings against members of the Bar and court personnel (CONST. Art. VIII, Sec. 6; ROC Rule 56)
The Supreme Court has concurrent jurisdiction with the RTC (only RTC) regarding:
The Supreme Court has concurrent jurisdiction with the RTC (only RTC) regarding:
1. Cases affecting ambassadors, other public ministers, and consuls [BP Blg 129, Sec. 21 par 2; CONST Art. VIII SEc. 5 par 1]
The Supreme Court has concurrent jurisdiction with the CA (only CA) regarding:
The Supreme Court has concurrent jurisdiction with the CA (only CA) regarding:
1. Petitions for certiorari, prohibition, or madnamus against:
* RTC (BP Blg 129, S21p1)
* Civil Service Commission (RA 7902 - An Act Expanding the Jurisdiction of the Court of Appeals)
* Central Board of Assessment Appeals (PD 464 - Real Property Tax Code)
* National Labor Relations Commission (St. Martin Funeral Homes v. NLRC, GR 130866);
* Other quasi-judicial agencies (Heirs of Hinog v. Melicor, GR No. 140954)
- Petitions for Writ of Kalikasan (AM NO. 09-6-8-SC R7S3)
The Supreme Court has concurrent jurisdiction with the RTC and CA (both RTC and CA) regarding:
The Supreme Court has concurrent jurisdiction with the RTC and CA (both RTC and CA) regarding:
1. Petitions for Habeas Corpus (BP 129, S9p1 & S21p1; CONST Art VIII S5p1)
2. Petitions for Quo Warranto (BP 129, S9P1 & S21p1; CONST Art VIII S5p1)
3. Petitions for certiorari, prohibition, or mandamus against inferior courts and other bodies (BP129 S9p1 & S21p1; CONST Art VIII S5p1)
4. Petitions for continuing mandamus (AM No. 09-6-8-SC; Rule 8 S1)
The Supreme Court has concurrent jurisdiciton with the RTC, CA, and Sandiganbayan:
The Supreme Court has concurrent jurisdiciton with the RTC, CA, and Sandiganbayan:
1. Petitions for Writ of Amparo (AM No 07-9-12-SC, Sec 3)
2. Petitions for Writ of Habeas Data (AM No. 08-1-16-SC, Sec. 3)
The Supreme Court has appellate jurisdiction:
The Supreme Court has appellate jurisdiction:
By way of appeal by certiorar under Rule 45 against the:
1. Court of Appeals;
2. Sandiganbayan;
3. RTC on pure questions of law;
4. In cases involving the constitutionality or validity of a law or treaty, international agreement or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court (CONST Art VIII s5); and
5. Court of Tax Appeals En Banc (RA 9282 S19)
