Jurisdiction Flashcards
Q: What is the classification of jurisdiction?
A NS: Jurisdiction is classified as follows:
(1) Original jurisdiction, the power of the court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law (Garcia vs. De Jesus, 206 SCRA 779, 786).
(2) Appellate jurisdiction, the power of a court higher in rank to review the final order or judgment of a lower court and modify,
reverse, sustain or remand the same (Ibid.).
(3) General jurisdiction, the power to adjudicate all controversies which may be brought before a court within the legal bounds of rights and remedies except those expressly withheld from the plenary powers of the court (see I Regalado, 3).
(4) Limited jurisdiction, the power confined to particular causes, or which can only be exercised under the limitations and circumstances prescribed by statute. This is also known as special jurisdiction (Ibid.).
(5) Exclusive jurisdiction, the power to adjudicate a controversy to the exclusion of all other courts at that stage (Ibid.).
(6) Concurrent jurisdiction, the power conferred upon different courts, whether of the same or different ranks, to take judicial cognizance at the same stage of the same case in the same or different judicial territories (Ibid.).
(7) Delegated jurisdiction, the power conferred upon a court to hear and determine certain cases such as cadastral and land registration under certain conditions (Ibid.).
Define jurisdiction.
Jurisdiction is the power and authority of a court to hear, try and decide a case (Herrera vs. Barretto, 25 Phil 245). It is the power and authority to hear and determine a cause or the right to act in a case (Sogod vs. Rosal, G.R. 38204 5, Sept. 21, 1991).
Distinguish jurisdiction from venue. (1987 Shari’a Bar)
Jurisdiction is distinguished from venue as follows:
(1) Jurisdiction is the authority of a court to hear, try and decide a case; venue is the place where the action must be instituted and tried.
(2) Jurisdiction is a matter of substantive law; venue is a procedural or adjective law.
(3) Jurisdiction is conferred by law or the constitution (Garcia vs. De Jesus, supra; Orosa, Jr. vs. CA, G.R. Nos. 76828 32, 28 January 1991; Bacalso vs. Ramolete, 21 SCRA 519) and cannot be conferred by the consent of the parties or by their failure to object to the lack of it (Lee vs. Presiding Judge, G.R. 60789, Nov. 10, 1986); venue may be conferred by the act or agreement of the parties (Sec. 4, Rule 4, Rules of Court, as amended; Manila Railroad Co. vs. Attorney-General, 20 Phil. 523).
(4) Jurisdiction creates a relation between the court and the subject matter; venue creates a relation between the parties to the action. (See I Regalado p.5)
Distinguish jurisdiction from procedure.
Jurisdiction and procedure are distinguished as follows:
1) Jurisdiction is the power and authority of a court to hear, try and decide a case (Herrera vs. Barretto, 25 Phil 245); while procedure is the means by which the power or authority of a court to hear and decide a class of cases is put to action (Garcia vs. De Jesus, 206 SCRA 779,788; Manila Railroad Co. vs. Attorney General, 20 Phil. 523).
2) Rules of procedure are remedial in nature and not substantive (Ibid.); while jurisdiction is a matter of substantive law.
Q: How is jurisdiction acquired?
Jurisdiction over the following, which are necessary for the exercise of jurisdiction, is acquired as follows:
(1) Over the plaintiff or petitioner. – Jurisdiction over the person of the plaintiff or petitioner is acquired by the filing of the complaint or other appropriate pleading before the court (Davao Light & Power Co., Inc. vs. CA., G.R. 93262, Nov. 29, 1991). (2) Over the defendant or respondent. – Jurisdiction over the person of the defendant or respondent is obtained by the service of summons or other coercive process upon him or by his voluntary appearance or submission to the authority of the court (Ibid.). (3) Over the subject matter or nature of the action. – Jurisdiction over the subject matter or nature of the action is conferred by law (I Regalado p. 6). By the filing of the complaint or other initiatory pleading, the jurisdiction of the court thereof is invoked or called into activity, and it is this that the court acquires jurisdiction over said subject matter or nature of the action (Davao Light & Power, Co. Inc. vs. CA, supra.). It is not simply the filing of the complaint or appropriate initiatory pleading, but the payment of the prescribed docket fee that vests a trial court with jurisdiction over the subject matter or nature of the action (Sun Insurance Office, Ltd. vs. Asuncion, G.R. 79937 38, Feb. 13, 1989).
(4) Over the issues of the case. – Jurisdiction over the issues of the case is determined and conferred by the pleadings filed in the case by the parties, or by their agreement in a pretrial order or stipulation, or, at times, by their implied consent, as the failure of a party to object to evidence on an issue not covered by the pleadings, as provided in Section 5, Rule 10 of the Rules of Court (I Regalado p. 7).
(5) Over the res (or the property or thing which is the subject of the litigation).– This is acquired by the actual or constructive seizure by the court of the thing in question, thus putting it in custodia legis, as in attachment or garnishment, or by provision of law which recognizes in the court the power to deal with the property or subject matter within its territorial jurisdiction, as in land registration proceedings or suits involving civil status or real property in the Philippines of a non resident defendant (Ibid.).
How may the Shari’ah Court acquire jurisdiction over the person of the defendant? (1991, 1997, 1999 Shari’a Bar) A
Jurisdiction over the person of the defendant is obtained by the service of summons or other coercive process upon him or by his voluntary appearance or submission to the authority of the court (Davao Light & Power Co., Inc. vs. CA., G.R. 93262, Nov. 29, 1991).
