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ATENEO CENTRAL BAR OPERATIONS 2007

Remedial Law
SUMMER REVIEWER

o The nature of the offense and the penalty


attached thereto
o Fact that the offense was committed within
JURISDICTION the territorial jurisdiction of the court
• Jurisdiction is governed by the law at the time the
action is commenced

Authority given by law to a court or tribunal to hear Jurisdiction Over the Res
and determine certain controversies involving rights • Acquired either by seizure of the property under
which are legally demandable and enforceable legal process or as a result of the institution of
legal proceedings, in which the power of the court
SUBSTANTIVE LAW PROCEDURAL LAW is recognized and made effective.
Creates, defines and Law that prescribes the • In civil actions, jurisdiction over the res and the
regulates rights and method of enforcing subject matter is sufficient to vest jurisdiction in
duties that give rise to a rights and obtaining the court even in the absence of jurisdiction over
cause of action redress for their invasion the person of the defendant who does not reside
Makes vested rights No vested rights and cannot be found in the Philippines.
Cannot be enacted by SC is empowered to
the SC promulgate procedural Jurisdiction Over the Territory
rules by Art VIII of the • Power of the court to decide a case with
Constitution reference to the territory over which it is to be
exercised
Requisites for Valid Exercise of Jurisdiction
Criminal Action Civil Action VENUE JURISDICTION
Jurisdiction over the Jurisdiction over the Geographical area in Power of the court to hear
parties (accused) parties which a court may hear and decide a case on the
Jurisdiction over the Jurisdiction over the and determine a case merits
subject matter subject matter (place of trial)
Jurisdiction over the Jurisdiction over the res Procedural Substantive
territory In civil cases, venue Granted by law hence
may stipulated by the stipulated
Jurisdiction Over the Parties parties
• Jurisdiction over the plaintiff is acquired upon May by waived Cannot be waived, except
filing of the complaint for jurisdiction over the
• Jurisdiction over the defendant is acquired either person
by his voluntary appearance in court and his Establishes a relation Establishes a relation
submission to its authority or by service of between the plaintiff and between the court and the
summons the defendant parties and subject matter
• Jurisdiction over the accused is acquired by a Deals with convenience Deals with substance
valid arrest or his voluntary submission to the Court may not motu Court may motu proprio
authority of the court proprio dismiss a case dismiss a case for lack of
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• Jurisdiction over the subject matter is determined ERROR OF ERROR OF


by the allegations made in the complaint JURISDICTION JUDGMENT
• For purposes of determining jurisdiction in civil One where the court, One that the court may
actions, the allegations and nature of the officer or quasi-judicial commit in the exercise of
principal action is controlling, not those of body acts without or in jurisdiction, it include
incidental or ancillary claims. excess of jurisdiction errors in procedure or
• In criminal actions, jurisdiction over the subject mistakes in the courts
matter is determined by: findings
Renders judgment and Does not render the

—Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G.
Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan—
Remedial Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

proceedings void or at court’s decision void DOCTRINE OF ANCILLARY JURISDICTION


least voidable It involves the inherent or implied powers of the court
Reviewable only by Reviewable on Appeal to determine issues incidental to the exercise of its
Certiorari primary jurisdiction.

Under its ancillary jurisdiction the court may


KINDS OF JURISDICTION determine all questions relative to the matters
1. As to cases tried: brought before it, regulate the manner in which a trial
a. General Jurisdiction – exercised over all shall be conducted, determine the hours at which the
kinds of cases witnesses and lawyers may be heard, appoint a
b. Limited Jurisdiction – confined to particular receiver, etc.
cases and exercised only under the limitation
and circumstances prescribed by statute POLICY OF JUDICIAL HEIRARCHY
2. As to nature of the cause: The policy means that a higher court will not entertain
a. Criminal Jurisdiction – for the punishment of direct resort to it unless the redress desired cannot
a crime be obtained in the appropriate lower courts.
b. Civil Jurisdiction – when the matter is not
criminal in nature Though it is true that the SC, CA and RTC have
3. As to timing: concurrent original jurisdiction to issue writs of
a. Original Jurisdiction – exercised by courts in certiorari, prohibition and mandamus, the application
the first instance should still be filed with the lower court unless the
b. Appellate Jurisdiction – conferred on importance of the issue involved deserves action of
superior courts to review and decide cases the court of higher level.
tried by inferior or lower courts
4. As to extent of exercise: DOCTRINE OF PRIMARY JURISDICTION
a. Exclusive Jurisdiction – confined to a Where there is an administrative body tasked with the
particular tribunal and possessed by it to the determination of facts relating to a special or
exclusion of all others technical field, the courts must give such
b. Concurrent Jurisdiction – exercised by administrative body the opportunity to do so before
different courts at the same time over the proceeding with the action.
same subject matter and within the same
territory. Litigants may resort to either court DOCTRINE OF ADHERENCE OF JURISDICTION
at the first instance, but the court which first Once jurisdiction is vested in a court, it is retained by
validly acquired jurisdiction takes it to the such until the end of litigation regardless of
exclusion of all others. circumstances that would have prevented the
5. As to situs: continued exercise of jurisdiction by the court. Hence,
a. Territorial Jurisdiction – exercised within the a law enacted during the pendency of a case which
limits of the place where the court is located transfers jurisdiction to another court does not affect
b. Extra-territorial Jurisdiction – exercised cases already pending prior to its enactment.
beyond the confines of the place where the • Exceptions:
court is located o When the law expressly provides for
retroactive application
DOCTRINE OF JUDICIAL STABILITY OR NON- o When the change of jurisdiction is curative
INTERFERENCE in nature
No court has the authority to interfere by injunction o Perfected appeal, here jurisdiction is
with the judgment of QuickTime™
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less declare as unjust a judgment of another court EXCLUSIONARY PRINCIPLE
(Industrial Enterprises Inc. vs CA 184 SCRA 426) The court first acquiring jurisdiction exercises it to the
exclusion of all others.
Courts of equal rank cannot interfere each other’s
orders. See Annex on Jurisdiction

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