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Recitation Purposes) : Civil Procedure Jurisdiction
Recitation Purposes) : Civil Procedure Jurisdiction
JURISDICTION IN GENERAL Definition the power and authority of the court to hear, try and decide a case not only the power to hear and determine, but the power to enforce its determination, as the judgment or decree is the end for which jurisdiction is exercised, and it is only through the judgment and its execution that the power of the court is made efficacious and its jurisdiction complete. (memorize this for recitation purposes) The power to control the execution of its decision is an essential aspect of jurisdiction. not the power of the judge but of the court juris (law); dico (to speak); jurisdiction (I speak by the law) (Lakas Atenista) Test of Jurisdiction: Whether the court has the power to enter into the inquiry and not whether the decision is right or wrong jurisdiction which is a matter of substantive law refers only to JURISDICTION OVER THE SUBJECT MATTER jurisdiction over the PARTIES, the ISSUES and the RES are matters or procedure jurisdiction cannot be waived, enlarged or diminished by stipulation of the parties. It is the duty of the court to consider the question of jurisdiction before it looks at other matters involved in the case. Courts may do this on its own motion/ motu propio Failure to exercise jurisdiction may be enforced by mandamus Congress and Judicial Power (Herrera) GENERAL RULE: The Congress shall have the power to define, prescribe and apportion the jurisdiction of the various courts EXCEPTION: It may not deprive the Supreme Court of it jurisdiction over cases enumerated in Section 5, Article VIII of the Constitution. QUESTIONS: Can the Supreme Court enlarge the jurisdiction of the Supreme Court? No. Theres no provision in the 1987 Constitution granting SC the power to enlarge its own jurisdiction. (Ed) What if the jurisdiction of the Supreme Court is changed by Congress but the change does not affect the SCs jurisdiction under Sec. 5, Art. VIII of the Constitution is this valid? No. Article VI, Section 30 states that, No law shall be passed increasing the APPELLATE jurisdiction of the SC as provided in this Constitution without its advice and concurrence. The Congress cannot lessen but it can increase SCs powers and jurisdiction, PROVIDED, it is with the latters advice and concurrence. (LAKAS) It is necessary for the Constitution or the Congress, by law, to grant jurisdiction upon the courts for without it, courts are without authority to act. Jurisdiction v Venue Jurisdiction Authority to hear and determine a case A matter of substantive law Establishes a relation between court and subject matter Fixed by law Venue Place where case is to be heard A matter of procedural law Relation between plaintiff and defendant May be conferred by the act or agreement of parties
Jurisdiction vs. Exercise of Jurisdiction Jurisdiction Exercise of Jurisdiction Power or authority of Exercise of power or the court authority of the court Authority to decide a Decision on all other case questions arising in the case is but an exercise of jurisdiction Error which may be Error of judgment may committed is error in be committed which is jurisdiction correctible the proper subject of an only by the appeal extraordinary writ of certiorari Error of judgment one which the court may commit in the exercise of its jurisdiction. - Happens when a court with competent jurisdiction commits errors in the exercise of such authority to hear the case (Lakas Atenista) - Remedy: appeal
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
Jurisdiction vs. Cause of Action Jurisdiction Cause of Action An authority An act or omission violative of the rights of others Conferred by law Exists because of a violation of a right DIFFERENT SENSES IN USE OF THE TERM JURISDICTION (Herrera) a. to the authority of the Court to entertain a particular kind of action; b. administer a particular kind of relief; c. to the power of the court over the parties; d. over the property which is the subject of the litigation. Elements of Jurisdiction in civil cases (Lakas Atenista) 1. Jurisdiction over the subject matter 2. Jurisdiction over the person of the parties to the case 3. Jurisdiction over the res 4. Jurisdiction over the issues Effect if one element is missing: proceedings become void Jurisdiction over subject matter
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
Questions to be resolved when a complaint is filed in court 1) What is the subject matter of their complaint filed before the court? 2) Does the court have jurisdiction over the said subject matter of the complaint before it? How jurisdiction over the subject matter is conferred 1) Jurisdiction over the SM is conferred by LAW a) Constitution or b) Statute 2) The law that confers jurisdiction refers to a substantive law, not a procedural law 3) Since jurisdiction is conferred by law, jurisdiction: a) cannot be conferred by the administrative policy of any court b) cannot be conferred by a courts unilateral assumption of jurisdiction c) cannot be conferred by erroneous belief by the court that it has jurisdiction d) cannot be conferred by the parties (cannot be enforced by contract) e) cannot be granted by agreement of the parties, acquired through, or waived, enlarged or diminished by, any act or omission of the parties f) cannot be conferred by the parties silence, acquiescence or consent
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the "Family Code of the Philippines"; g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related laws; h) Petitions for the constitution of the family home; i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
JURISDICTION OF THE SANDIGANBAYAN Exclusive original jurisdiction a. Violation of RA 3019 (Anti-graft and corrupt practices act), RA 1379, and Chapter II, Section 2, Title VII of Book II of RPC. b. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees in relation to their office. c. Civil and criminal case filed pursuant to and in connection with EO Nos. 1, 2, 14, and 14-A issued in 1986. d. Petitions for issuance of writs of mandamus, certiorari, habeas corpus, injunctions and other ancillary writs and processes in aid of its appellate jurisdiction xxx
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
JURISDICTION OF THE SC Exclusive Original Jurisdiction Petitions for certiorari, prohibition and mandamus against: 1) CA 2) COMELEC 3) COA; and 4) Sandiganbayan Note: Because the CTA has now the same rank as the CA by virtue of RA 9282, the CTA, it is believed should be included in this enumeration. Concurrent Original Jurisdiction 1) With the CA in petitions for certiorari, prohibition and mandamus against the: a) RTC
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
It has concurrent original jurisdiction over the following: 1. Petitions by Muslims for the constitution of the family home, change of name and commitment of insane person to any asylum; 2. All other personal and real actions not mentioned in paragraph 1(d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer which shall fall under the exclusive original jurisdiction of the Municipal Circuit Courts; and 3. All special civil actions for interpleader or declaratory relief where the parties are Muslims or the property involved belongs exclusively to a Muslim. The Shari'a District Court has appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction. It shall decide every case on the basis of the evidence and the records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit. The decisions of the Shari'a District Courts,
THE SHARI'A DISTRICT COURTS It has exclusive original jurisdiction over the following:
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.
Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.