Jurisdiction

Question 1

Jurisdiction

Answer 1

Power and authority of the court to hear, try, and decide a case.

Question 2

Test of Jurisdiction

Answer 2

Whether the court has the power to enter into the inquiry, and not whether the decision is right or wrong.

Question 3

Where is Jurisdiction vested?

Answer 3

On the court, not in the judge.

Question 4

Determination of Jurisdiction

Answer 4

Jurisdiction of the court is determined by the statute in force at the time of the commencement of the action

Question 5

Concepts of Jurisdiction in Civil Cases

Answer 5

1. Jurisdiction over the Subject Matter
2. Jurisdiction over the Parties
3. Jurisdiction over the Issue/s; and
4. Jurisdiction over the Res (property).

Question 6

How does a court acquire jurisdiction?

Answer 6

1. By filing of the complaint;
2. By voluntary appearance;
3. By service of summons;
4. By conferment of law;
5. By determination of the pleadings filed by the parties;
6. By seizure of the court of the thing in question (property);
7. Upon payment of the prescribed docket fees .

Question 7

Jurisdiction over the Subject Matter

Answer 7

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 power.

Question 8

Effect of Lack of Jurisdiction over the Subject Matter in the Action

Answer 8

Any judgment, order or resolution issued without jurisdiction over the subject matter is VOID and cannot be given any effect.

Question 9

Jurisdiction over the Subject Matter Cannot be Conferred

Answer 9

1. By unilateral assumption of jurisdiction;
2. By contract;
3. By compromise;
4. By agreement of the parties;
5. By erroneous belief of the court that it exists;
6. By acquiescence of the court;
7. By silence, waiver, or failure to object; or
8. By court issuances.

Question 10

Exception, Jurisdiction over the Subject Matter Cannot be Conferred

Answer 10

1. Estoppel by laches

2. Estoppel by deed /pais

Question 11

Defense of Lack of Jurisdiction

Answer 11

The defense of lack of jurisdiction over the subject matter may be raised at any stage of the proceedings, even for the first time on appeal.

Question 12

Jurisdiction over the Parties

Answer 12

Power of a court to render a personal judgment or to subject the parties in a particular action to the judgment and other rulings rendered in the action

Question 13

Unauthorized Complaint

Answer 13

If a complaint is filed for and in behalf of the plaintiff by one who is not authorized to do so, the complaint is not deemed filed.

Question 14

Jurisidiction over the Issue

Answer 14

Power of the court to try and decide the issues raised in the pleadings of the parties.

Question 15

Issue

Answer 15

A disputed point or question