General Principles on Jurisdiction Flashcards
Define jurisdiction.
Jurisdiction is the power and authority of the court to hear, try, and decide a case, as well as to enforce or execute its judgments or final orders.
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 constructive seizure placing the property under the orders of the court and is also procedural.
What does jurisdiction over the parties mean?
Jurisdiction over the parties is the legal power of the court to render personal judgment against a party to an action or proceeding.
How does the court acquire jurisdiction over the plaintiff?
Jurisdiction over the plaintiff is ACQUIRED by the plaintiff’s FILING of the COMPLAINT or PETITION or other INITIATORY PLEADING. By doing so, he submits himself to the jurisdiction of the court.
How does the court acquire jurisdiction over the defendant?
Jurisdiction over the defendant is obtained either:
1) By SERVICE OF SUMMONS; or
2) By his VOLUNTARY APPEARANCE in court - The defendant’s voluntary appearance in the action shall be EQUIVALENT to service of summons. Examples are:
a) By FILING AN ANSWER; or
b) By FILING A MOTION TO DISMISS, except when the defendant also raises the issue of lack of jurisdiction over his person.
Define jurisdiction over the subject matter?
Jurisdiction over the subject matter is the power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers.
Distinguish jurisdiction from the exercise of jurisdiction.
Jurisdiction is the authority to hear and determine a case. It does not depend either upon the regularity of the exercise of that power or upon the rightfulness of the decisions made. The authority to decide a case at all, and not the decision rendered therein, is what makes up jurisdiction. Where there is jurisdiction, the decision of all questions arising in the case is but an exercise of jurisdiction.
How is jurisdiction conferred?
Jurisdiction over the subject matter is conferred by the Constitution or by law. Nothing can change the jurisdiction of the court over the subject matter. That power is a matter of legislative enactment which none but the legislature may change. it is not conferred:
1) Court’s UNILATERAL ASSUMPTION of jurisdiction;
2) Contract;
3) Compromise;
4) Agreement of the parties;
5) Erroneous belief of the court that it exists
6) Acquiescence of the court; or
7) Silence, waiver or failure to object.
How is jurisdiction determined?
Jurisdiction over the subject matter is determined by the ALLEGATIONS of the COMPLAINT and the CHARACTER of the RELIEF SOUGHT. Once vested, jurisdiction remains regardless whether or not the plaintiff is entitled to recover all or some of the claims asserted therein. It is NOT determined by:
1) The DEFENSES in the answer or MOTION TO DISMISS;
2) By the EVIDENCE in the trial;
3) CONSENT or AGREEMENT OF THE PARTIES;
4) By ESTOPPEL.
What does the Doctrine of Adherence of Jurisdiction (Continuity of Jurisdiction) mean?
The doctrine provides that once a court has acquired jurisdiction, such jurisdiction cannot be ousted by subsequent events although they be 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.
Juan dela Cruz seeks to recover P500,000 from Pedro Santos so he filed a case with the RTC. During the trial, Juan dela Cruz was able to prove that his entitlement is only P150,000 which is below the jurisdictional amount of the RTC. Can the court validly render a judgment for the sum of P150,000.
Yes. Under the doctrine of adherence of jurisdiction, once the court acquires jurisdiction over the case, the court continues to exercise such jurisdiction until its final adjudication even if the amount awarded is below the jurisdictional amount under the law. Also, what determines the jurisdiction of the court is not the amount awarded but the amount sought to be recovered as shown in the allegations in the complaint.
May the court, motu proprio, dismiss the case if it finds that it has no jurisdiction over the subject matter?
Yes. The court may dismiss the case on its own initiative if it appears from the PLEADINGS or the EVIDENCE ON RECORD that it has no jurisdiction over the subject matter.
When may a party raise the issue of jurisdiction over the subject matter?
A party may object to the jurisdiction of the court as a GROUND in a MOTION TO DISMISS or as an AFFIRMATIVE DEFENSE in the ANSWER.
At what stage of the proceedings may the question of jurisdiction be raised?
Objection to the court’s jurisdiction over the subject matter may be raised AT ANY TIME DURING THE PROCEEDINGS, even for the FIRST TIME ON APPEAL, since jurisdictional issues cannot be waived.
What is the effect of estoppel on objections to jurisdictions?
While it is true that jurisdiction over the subject matter may be raised at any stage of the proceedings since it is conferred by law, it is nevertheless, settled that a party may be barred from raising it on the ground of estoppel.
