D. Aspects of Jurisdiction

Question 1

What is Jurisdiction over the Subject Matter?

Answer 1

Jurisdiction over the subject matter of a complaint is conferred by law. It cannot be lost through waiver or estoppel. It can be raised at any time in the proceedings, whether during trial or on appeal.

Jurisdiction over Subject Matter It is the power to hear and determine cases of the general class to which the proceedings in question belong. (Herrera, 2007)

Question 2

Jurisdiction over Subject Matter

GR
XPN

Answer 2

GR: Jurisdiction over the subject matter cannot be waived, enlarged or diminished by stipulation of the parties. (Republic v. Estipular, G.R. No. 136588, 20 Jul. 2000

XPN: Estoppel by laches, by failure to object to the jurisdiction of the court for a long period of time and by invoking its jurisdiction in obtaining affirmative relief. (Tijam v. Sibonghanoy, G.R. No. L-21450, 15 Apr. 1968)

Question 3

Jurisdiction Over the Parties- definition

Answer 3

Jurisdiction over the issues refers to the power of the court to try and decide the issues raised in the pleadings of the parties. (Reyes v. Diaz, G.R. No. L48754, 26 Nov. 1941)

Question 4

How Jurisdiction over the Issues conferred

GR
XPN

Answer 4

GR: It is conferred and determined by the pleadings of the parties that present the issues to be tried and determined whether or not the issues are of fact or of law. (Riano, 2019)

XPNs: It may be conferred:

1. By stipulation of the parties, as when in the pretrial, the parties enter into stipulations of facts and documents or enter into an agreement simplifying the issues of the case. (Sec. 2(b), Rule 18, ROC, as amended);
2. By express or implied consent of the parties, when issues not raised by the pleadings are tried, such issues shall be treated in all respects as if they had been raised in the pleadings. (Sec. 5, Rule 10, ROC, as amended)

It is proper for the court to render judgment on the pleadings if the answer fails to tender an issue, except in actions for declaration of nullity of annulment of marriage or legal separation. (Sec. 1, Rule 34, ROC, as amended).

Question 5

d. JURISDICTION OVER THE RES OR THE
PROPERTY IN LITIGATION- definition

Answer 5

Jurisdiction over the res refers to the court’s
jurisdiction over the thing or property which is the subject of the action. (Riano, 2019)

Question 6

Jurisdiction over the res or property in litigation is acquired either by:

Answer 6

Jurisdiction over the res or property in litigation is acquired either by:

1. Actual or constructive seizure of the property under legal process, whereby it is brought into the custody of the law; or
2. As a result of the institution of legal proceedings, in which the power of the court is recognized and made effective. (Biaco v. Philippine Countryside Rural Bank, G.R. No. 161417, 08 Feb. 2007)