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Civil Procedure 1 > Civil Procedure M1 (JD-Venue) > Flashcards

Civil Procedure M1 (JD-Venue) Flashcards

2nd half of M1

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1
Q

when can there be an error of JD?

A

When court:
1. takes cognizance over subject matter not in its JD
2. acts in excess of JD
3. grave abuse of discretion amounting to lack of JD

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2
Q

Errors of jurisdiction are correctible by
________ while errors of judgment are correctible by _______

A

certiorari

appeal

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3
Q

Discuss a case that involved plea-bargaining

A

in the case of Estipona v. Lobrigo, the SC ruled Congress has no authority on rules concerning practice, pleading, and procedure so when Congress enacted a law that plea-bargaining is not allowed in drug cases, that is in violation of the SC.

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4
Q

Define Jurisdiction (JD)

A

(a) authority to try & decide a case
(b) authority to enforce judgement
(c) control execution

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5
Q

When is the power of the court made efficacious and its jurisdiction complete?

A

when it executes its judgement

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6
Q

latin of ‘on one’s own action’

LAW

A

Motu Proprio

court finding it has no JD and dismiss or without motion of either party

Rule 9 Sec 1

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7
Q

What happens when a court has an error of JD v error of Judgement

A

err in JD: decision becomes null & void
err in Jdg: reviewable by appeal

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8
Q

What must be done to avoid error of JD?

A
  • Court takes subject matter with JD
  • Avoid overstepping of JD
  • Avoid ‘grave abuse of discretion leading to lack of JD’
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9
Q

Examples of Error of JD

A
  1. murder case is tried in an MTC instead of the RTC
  2. RTC impose a fine more than 1 million which is more than what RTC can impose (overstep)
  3. court ordering Juan to be imprisoned for something he did not commit (due pro violated)
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10
Q

Examples of Error of Judgement

A
  1. bails a person when crime is not bailable
  2. RTC denying mistrial or to start over because prosecution brought inadmissible/unallowed evidence
  3. court ordering for imprisonment for a crime punishable by fine
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11
Q

How does error of Judgement work?

A

when exercising JD, court’s decision from the case from is wrong then it is an error of judgement

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12
Q

TYPES OF JD
1. Based on cases tried
2. Based on nature of case
3. Based on extent of exercise

enumerate

A

1a general JD
1b special/limited JD

2a Original
2b Appellate

3a Exclusive
3b Concurrent/Coordinate

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13
Q

Give an example of Exclusive JD

A

MTC exclusive JD over ejectment cases

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14
Q

how is the RTC a court of general JD?

A

ability to exercise JD on cases within JD of any court, tribunal, judicial bodies or quasi-judicial functions

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15
Q

how is limited/special JD diff. from exclusive JD?

A

Ex. Sandiganbayan
they have special JD in specific type of case: government officials

they have exclusive JD because they are the only ones who can hear and try

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16
Q

PRNC of JD: Judicial Stability/Non-Interference

A

court has no power to interfere on another SAME-LEVEL court

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17
Q

PRNC of JD: Doctrine of Ancillary JD

A

court can decide issues that are not directly related to the main case, but that are necessary for the court to effectively resolve the main case.

EX.
A court that is hearing a divorce case may have ancillary jurisdiction to hear a related case involving child custody.

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18
Q

Elements of JD in Civil Cases

A

JD over S.M.
JD over Persons
JD over Res
JD over Issues

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19
Q

Doctrine of Primary JD

A

Courts will not resolve a question which is within its JD and also of an administrative tribunal

rationale: refrain from exercising its jurisdiction until after an administrative agency has determined some questions or some aspect of some question arising in the proceeding before the court

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20
Q

Doctrine of Continuity of JD

A

Even after the judgment has become final, the court retains jurisdiction to enforce and execute it.

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21
Q

What is the test to determine if a court has JD?

A
  1. WON the court has the power to enter into inquiry
  2. the Court’s JD is conferred by law
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22
Q

What is a mandamus

A

ordering an inferior court to fulfill its duties

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23
Q

A regional trial court hears a case involving a claim of more than P100,000.

Error of?

A

error of JD

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24
Q

A court finds the defendant guilty of a crime even though the prosecution did not present enough evidence.

Error of?

A

Error of Judgement

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25
Q

A court awards the plaintiff damages that are disproportionate to the harm suffered.

Error of?

A

Error of Judgement

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26
Q

A metropolitan trial court hears a case involving a land dispute.

Error of?

A

Error of JD

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27
Q

A court issues a warrant of arrest without probable cause.

Error of?

A

Error of JD

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28
Q

A court sentences the defendant to a term of imprisonment that is longer than what is allowed by the law.

Error of?

A

Error of Judgment

29
Q

A court holds a trial without giving the defendant proper notice.

Error of?

A

Error of JD

30
Q

____________ means that a case can be filed in two
or more courts. This is also called _________ and
refers to the power of different courts to take cognizance of the same subject matter.

A

Concurrent JD
Coordinate JD

31
Q

How does is a court concurrent and exclusive?

A

When a case can be filed in two different courts, wherever the case or information was filed will then will have the exclusive JD

32
Q

JD over the subject matter is __________ which is a matter of __________ which none but they can change.

A

conferred by law
legislative enactment

33
Q

If the legislative law confers jurisdiction to courts, is that not a procedural encroachment to the supreme court?

A

No. conferring JD is a substantive law. It is also found in the Article 6 that no law shall be passed that will increase the appellate jurisdiction of the SC

34
Q

“It is a matter of substantive law, the established rule is that statute in force at the time of the commencement of the action determines jurisdiction” what does this mean insofar as JD over Subject Matter is concerned?

A

It means that a new law passed changing JD of a pending case to another. The JD stays because JD is determined in allegations of the complaint at the commencement of the action

35
Q

EXC to the Doctrine of Continuity of JD

A
  1. Express provision on retroactive application
  2. clearly intended to apply before its enactment
  3. when statute is curative

curative - originally court had no JD, but law conferred it to have JD curing the defect

36
Q

How JD over Subject matter is acquired?

A
  1. Conferred by law
  2. JD determined by the allegations of the complaint at the commencement of action
  3. The court can answer the filing by ipso factor
37
Q

Objections to JD over Subject Matter

OCEAN

A

Here is a simplified explanation of the passage you provided:

(a) The court can dismiss a case on its own initiative if it finds that it does not have jurisdiction.

(b) A party can object to the court’s jurisdiction by filing a motion to dismiss before filing or serving their answer. Under the new rules, however, a party can only raise the issue of jurisdiction as an affirmative defense or by filing a motion to dismiss.

(c) Even if a party did not raise the issue of jurisdiction in their motion to dismiss, they can still raise it as an affirmative defense in their answer. This is because the **omnibus motion **rule does not bar a party from raising defenses that are not included in their motion to dismiss.

–The omnibus motion rule is a rule of procedure that requires a defendant to raise all of their defenses in a single motion to dismiss–

(d) A party can raise the issue of jurisdiction at any stage of the proceedings, even for the first time on appeal.

(e) If a party only raises the issue of jurisdiction for the first time on appeal, they are not estopped from doing so. However, there is an **exception **to this rule in the case of Tijam v. Sibonghanoy. This case held that if a party actively participates in the proceedings below, they may be estopped from raising the issue of jurisdiction on appeal

38
Q

How does a court get JD over the plaintiff ?

A
  • filing of complaint/petition
  • payment of correct docket fees
39
Q

Defendant A files a motion to dismiss that only challenges the court’s jurisdiction over their person

Does the court have JD?

A

A is not considered to have voluntarily submitted

40
Q

Defendant A files a motion to dismiss that challenges the court’s jurisdiction over their person and also alleges that the plaintiff’s claim is barred by the statute of limitations

Does the court have JD?

A

A is considered to have voluntarily submitted as per the 2019 amendments of the 1997 rules on civil procedure

41
Q

A defendant is a resident of the Philippines, but they are currently traveling abroad. The plaintiff files a lawsuit against the defendant in a Philippine court. Does the Philippine court have jurisdiction over the person of the defendant?

A

Yes. The Philippine court has jurisdiction over the person of the defendant because the defendant is a resident of the Philippines.

42
Q

A defendant is a foreign corporation that is not registered to do business in the Philippines. The plaintiff files a lawsuit against the defendant in a Philippine court. Does the Philippine court have jurisdiction over the person of the defendant?

A

It depends. If the defendant has any assets in the Philippines or if the defendant is doing business in the Philippines, then the Philippine court may have jurisdiction over the person of the defendant. However, if the defendant does not have any assets in the Philippines and is not doing business in the Philippines, then the Philippine court will not have jurisdiction over the person of the defendant.

43
Q

How does a court get JD over the defenedant?

A

Defendant: Civil case
- voluntary appearance in court
- submission to authority
- service of summons

44
Q

How to raise objection to jurisdiction over the person of the defendant

A

Either
1. Motion to dismiss
2. affirmative defense included in the answer

45
Q

How can the court acquire JD over the res?

A
  • seizure whereby the property is brought into actual or constructive custody of the court
  • result of the institution of the legal proceedings, in which power of the court is recognized and made effective
46
Q

Is it possible for the court to acquire JD over a person abroad?

A

It is possible if the court acquires JD over the res

47
Q

Meaning of JD over issue

A

1
JD over issues is the power of the court to try and decide the issues raised in the pleadings of the parties

2
The disputed point/question to which parties to an action have narrowed down their several allegations and upon which they are desirous of obtaining a decision

48
Q

How does the court acquire JD over the issue?

GEN. EXC.

A

GEN: determined by the pleadings (specifically answers) of the parties

EXC: (1) Waiver or failure to object of evidence of an issue NOT raised in the pleadings, the court may have JD over the case.
(2) Stipulation court acquires JD over issue that is not raised in the pleadings by stipulating to the issue

49
Q

differentiate courts power between JD over subject matter & issues

A

SM
court power to hear & try

ISS
court power to resolve

50
Q

differentiate court acquiring JD between JD over subject matter & issues

A

SM
acquired thru filing of pleading (complaint)

ISS:
acquired thru filing of pleading (answer)

51
Q

where can the JD of the Supreme court be found?

A

In the constitution itself

52
Q

what is the composition of the SC?

A

1 Chief Justice & 14 Associate Justices

52
Q

What is the SC’s principal function?

A

Adjudication (judicial power)
administration (disciplinary power) and
rule-making

53
Q

The court en banc is not a(n) ______________ to which decisions or resolutions of a division may be appealed.

A

appellate court

54
Q

The Supreme Court has _______________over cases effecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition and mandamus, quo warranto and habeas corpus

A

exclusive original jurisdiction

55
Q

If you are a judge of a RTC and declare a law as unconstitutional, what will be the next step for the parties should they appeal?

A

Appeal directly to the SC as SC has exclusive appellate JD regarding the matter

56
Q

How can an appellate court determine if it is a question of law or question of fact?

A

question of fact: whether there must be re-examination of facts

question of law: doubt as to what the law says on certain set of facts

57
Q

Can congress increase the JD of the SC?

LAW

A

Yes, provided with the SC’s advise and concurrence (Art. 6, Sec 30)

58
Q

CA’s JD is conferred by

A

BP 129 or Judicial Reorganization Act of 1980

59
Q

CA is composed of _______ constituting __ divisions.

A

69 justices
23 divisions

60
Q

what does the phrase ‘without prejudice’ mean?

A

The dismissal of the petitions will NOT prevent the parties from filing new petitions in the future.

The dismissal is not a final judgment on the merits of the case.

61
Q

CA has exclusive original jurisdiction in actions for the ___________ of the RTC.

A

annulment of judgments

62
Q

The appellate jurisdiction of the CA is EXCLUSIVE except in?

A

criminal cases decided by the RTC when the penalty imposed is reclusion perpetua, life imprisonment or death.

62
Q

What is the totality rule?

A

Where there are several causes of action/complaint against one person with the same content, the amount in demand will be the totality of all claims.

63
Q

Q: What is the object of the Katarungang Pambarangay Law?

A

The object of the Katarungang Pambarangay Law is to effect an amicable settlement of disputes among family and barangay members at the barangay level without judicial recourse and consequently help relieve the court of docket congestion.

64
Q

Explain territoriality principle

A

in Crim cases, if the case was filed in a different place other than the place of the crime, then it may be quashed for lack of jurisdiction over the offense charged (even if its venue)

65
Q

difference between venue of civil and criminal cases

A

venue is jurisdictional with criminal cases. you must file the case in the offense of the territory.

66
Q
A

Civil Procedure 1 (21 decks)

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