San Beda College of Law

2010 Centralized Bar Operations

SUBSTANTIVE LAW REMEDIAL LAW accurate because only jurisdiction over the
It is that part of the law It refers to the legislation subject matter is conferred by substantive
which creates, providing means or law. Jurisdiction over the parties, issues
defines or regulates methods whereby and res is governed by procedural laws.
rights concerning life, causes of action may
liberty or property or be effectuated, wrongs REQUISITES FOR VALID EXERCISE OF
the powers of redressed and relief JURISDICTION
agencies or obtained 1. That it must have jurisdiction over the
instrumentalities for (also known as
persons of the parties.
the administration of ADJECTIVE LAW).
public affairs.
It makes vested rights It has NO vested rights. Jurisdiction Over
Jurisdiction Over The
possible. The Person Of The
Person Of The Defendant
Plaintiff
It is prospective in It governs acts and
application. transactions which took It is acquired the It is acquired either by his
place (Retroactive). moment he files his voluntary appearance in court
It cannot be enacted The Supreme Court is complaint, petition and his submission to its
by the Supreme Court. expressly empowered to or initiatory authority, or by service of
promulgate procedural pleading. summons or other coercive
rules. process upon him.

Judicial Power includes the duty of the courts
of justice to settle actual controversies
involving rights, which are legally demandable
and enforceable, and to determine whether or
not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government (Section 1, Article VIII, 1987
Constitution).
The power of judicial review is the Supreme
Court’s POWER TO DECLARE a law, treaty,
international or executive agreement,
presidential decree, proclamation, order,
instruction, ordinance, or regulation
UNCONSTITUTIONAL.
Jurisdiction (Latin: “juris” and “dico” – I speak
of the law) is the power and authority of a
court to try, hear, and decide a case and to
carry its judgments into effect.
 The statement that “Jurisdiction is
conferred by substantive law” is NOT
2. That it must have jurisdiction over the
subject matter of the controversy.
 Jurisdiction over the subject matter is
determined by the allegations made in the
complaint.
 It is conferred by law and not by the
voluntary act or agreement of the parties.
General rule: Lack of jurisdiction over the
subject matter of an action cannot be waived
by the parties and may be raised at any stage
of the proceeding, the court being authorized
to dismiss the case motu proprio.
Exceptions:
 Estoppel by laches – (Tijam vs.
Sibonghanoy, G.R. No. L-21450, April 15,
1968)
 Where defendant actively participated in
all stages of the proceedings before the
trial court and invoked its authority by
asking for an affirmative relief (Soliven vs.

EXECUTIVE COMMITTEE:
MANOLO ADEL SANTOS overall chairperson, KRISTINE ANNABELLEE HIPOS chairperson for academics, MINISTER MOISES DU chairperson
for hotel operations, EZEKIEL JOSHUA VILLENA vice-chairperson for operations, RYAN DARYL PINEDA vice-chairperson for secretariat,
DJOANIVIE JOMARE JUNASA vice-chairperson for finance, MARIE MICAELA STA. ANA vice-chairperson for edp, DIOXENOS SULIT vice-
chairperson for logistics

SUBJECT COMMITTEE:
BERNADETTE BATHAN subject chair, REX LABAO assistant subject chair, KATRINA RIVERA edp, JOANNA ARELLANO and PRESCIA VANESSA
REYNANTE civil procedure, JOYCE SAPLA special civil actions, MA. NIÑA JASMIN SUING special proceedings, KATRINA CUE criminal
procedure, LEOPONVILLE NDOTA WAMBUI GITAU evidence, EUGENE CARLO SALONGA special laws

MEMBERS:
Mary Christine Dabu, Joel Malasaga, Cyphrine Maxcel Dalog, Maervic Tuvida, Joanna Marie Paguio, Eva Christine Naparan, Joseph Tayao,
Diane Dauz, Arvin Molina, Dang Delos Reyes, Glory Grace Arugay, Irene Pena, Ethel Joy Arriola, Jane Kathyrine Lim, Jason Leybag, Mayette
Tapia, Israel Soguilon, Irwin Pena, Angel Calalang, Chris Ocampo, Aaron Saludo, Katrina Chavez, Cecille Banitez, Camhella Sandoval,
Anthony Villamor, Jezreel Taguba, Roda Bajesa, Ma. Veronica Guangco, Ela Punzalan, Raoul Benedict Fernandez, David Villazor, Ina De
Vera, Kams Lagasca and Ajean Tuazon