E. Jurisdiction vs. Exercise of Jurisdiction Flashcards

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Q

JURISDICTION vs. EXERCISE OF JURISDICTION

A

Jurisdiction:

It is the authority to hear and decide cases. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. (Lim, et al. v. Hon. Felipe Pacquing, et al., G.R. No. 115044, 01 Sept. 1994)

Exercise of Jurisdiction:

It is any act of the court pursuant to such authority, which includes making decisions. If there is jurisdiction over the person and subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction. (Herrera v. Baretto, G.R. No. 8692, 10 Sept. 1913; Palma v. Q&S, Inc., G.R. No. L-20366, 16 May 1966)

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