civil procedure 1 - BASED ON THE EXPERTS Of riano 2022 and discussion of atty.
salvado
JURISDICTION EXERCISE OF
CHAPTER 3 JURISDICTION
JURISDICTION AND VENUE Power to hear, try and Court acts according
decide cases and to such jurisdiction.
JURISDICTION control execution of its - Renders
- The power of the authority to try, hear, own judgment. decision
and decide the case. - Executes
decision
Expanded: Ex.
- Authority of the court to control the Decision on all other
execution of its judgment. questions arising in
- Essential aspect of jurisdiction the case.
- MOST IMPORTANT.
NOTE:
NOTE: - Exercise of jurisdiction PRESUPPOSES that
Jurisdiction – NOT the power of the JUDGE (merely the court has jurisdiction over the nature of
presides at the court. action.
- There is CONTINUITY of the court and
efficacy of proceedings – even if JUDGE – ERROR OF ERROR OF
died, resigned/cessation from service. JURISDICTION JUDGMENT
Court – exercises Presupposes that
- It is NOT the decision that will make up jurisdiction NOT court has
the jurisdiction. conferred by law. JURISDICTION but in
the process of
Court act in the exercising that
ASPECTS OF JURISDICTION - EXCESS of jurisdiction jurisdiction it
SPIR or GAD – amounting committed mistakes
1. Jurisdiction over the SUBJECT MATTER. to lack or excess of in appreciating the
2. Jurisdiction over the PARTIES jurisdiction. FACTS AND
3. Jurisdiction over the ISSUES of the case. EVIDENCE leading to
4. Jurisdiction over the RES/THING involved - GRAVE ABUSE an erroneous
in the litigation. OF DISCRETION judgment.
– the act is
JURISDICTION OVER THE executed in a Valid until set aside.
capricious, - XPN: - if the
SUBJECT MATTER whimsically and party is barred
- Power of the particular court to HEAR the arbitrarily acted by estoppel.
type of case that is before it. w/ malice, ill
will, or personal
- Jurisdiction over the class of cases to
bias amounting
w/c a particular case belongs.
to lack or excess
SUBJECT MATTER: RIP of jurisdiction.
Correctible by Correctible by
1. Real actions CERTIORARI APPEAL
2. Actions Incapable of pecuniary estimation.
3. Personal actions. NOTE:
- It is NOT PROPER for the court to
NOTE: FORWARD the case to another court w/
- If NO JURISDICTION over the SUBJECT proper jurisdiction
MATTER - Court – can address issues/questions
o Dismiss the case even if such is neither raised by the
- Court should determine FIRST – W/N it pleadings/suggested b y the counsel.
has jurisdiction over the subject matter. o Sec. 1 Rule 9
If it appears – in the
pleading/evidence that
court has NO
JURISDICTION – SM
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civil procedure 1 - BASED ON THE EXPERTS Of riano 2022 and discussion of atty. salvado
It shall dismiss the o Allegations in the complaint will
claim. prevail.
Example: the concise statement of
ULTIMATE FACTS and
- Tenancy relationship – tenant and owners
EVIDENTIARY FACTS
– farmland.
constituting the plaintiff
o DAR – jurisdiction.
cause of action.
NOTE:
- Amount awarded
o Does NOT det. the jurisdiction
o Court – does NOT lose its
TEST OF JURISDICTION jurisdiction.
- The relief sought prevails.
- W/N the court, under the LAW – has the o HOWEVER, court render judgment
power to take cognizance of a as it does NOT have jurisdiction if
particular subject. based on findings, the correct
amount does NOT fall under its
CAUSE OF ACTION
- Act/omission of a person w/c is violative jurisdiction.
of the right of another. Sec. 2 Rule 2 NOTE:
- Jurisdiction remains
HOW JURISDICTION – SM o Irrespective of W/N the P is entitled
to recover upon all or some claims
- conferred
It is conferred BY LAW asserted therein.
o Laws on jurisdiction.
Constitution
Statute – organizing
DOCTRINE OF PRIMARY
court/tribunal - Courts
JURISDICTION
– cannot/will not resolve
Special/general statute controversy involving a question w/in the
LAWS – statute jurisdiction of administrative tribunals.
- Det. jurisdiction – law/ statute in force o Esp. if the questions demand
sound admin discretion w/c
at the time of the commencement of
requires special knowledge,
the action.
experience and services of
- Rules is prospective in application. administrative tribunal.
- W/N it should refrain from exercising
HENCE, J- SM cannot be: jurisdiction until after admin tribunal has
- Granted by the Agreement of the parties. det. some question/aspect of question in
- Acquired, waived, enlarged/dismissed by the proceeding before the court.
any act or omission of the parties. Example:
- Conferred by the acquiescence of the - Agrarian reform cases
courts.
DOCTRINE OF EXHAUSTION
HOW JURISDICTION – SM OF ADMIN. REMEDIES
- determined
Determined by the material allegations
- Emphasize initial conferment of
in the complaint, evidence presented as
jurisdiction over a particular matter to an
well as the character of the relief
admin body before a court can exercise
sought.
over the same.
- Material allegations also determines the
o WHY?
NATURE OF ACTION.
Because of the doctrine of
primary jurisdiction.
CAPTION OF THE CASE
- Not controlling
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civil procedure 1 - BASED ON THE EXPERTS Of riano 2022 and discussion of atty. salvado
- Where a remedy is provided by the NECESSARY for the administration of
statute – relief sought. justice W/IN its jurisdiction.
o All remedies MUST be exhausted - Power of the court to adopt such means
prior to bringing the action before a and perform such acts necessary to
court carry its jurisdiction into effect.
o In order to give opportunity for the DOCTRINE – JUDICIAL
administrative body to settle on
matters of cases w/in its - Doctrine of judicial interference.
jurisdiction. - This doctrine precludes court from
NOTE: interfering by injunction w/ regular orders
- It is a procedural requirement of co-equal court.
XPN:
- No other plain, speedy or adequate OBJECTIONS OF J.SM
remedy - Raised at any stage of the proceeding
- Public interest is involved. - Even at first time on appeal.
- Quo warranto proceedings. - Even if NOT raised – appellate court – not
- There is unreasonable delay – P precluded in ruling that lower court has no
- Question is purely legal/law jurisdiction.
- Judicial intervention is urgent
- Application – prevent irreparable damage.
- Controverted acts – violate due process
- issue of non-exhaustion – moot
- estoppel – part of the party invoking the
doctrine
- challenged act – patently illegal
amounting to lack of jurisdiction.
DOCTRINE – ADHERENCE OF
JURISDICTION
- Continuity of jurisdiction
- Once jurisdiction has attached, it cannot
be removed from the court until the
termination of the case.
Even after it renders decision – final
- Retains jurisdiction to execute the same.
- It only loses its power to AMA judgment
o Amend, Modify, Alter.
XPN:
- There is an express provision in the
statute
- The Statute clearly intended to apply to
actions pending before its enactment.
DOCTRINE –
ANCILLARY/INCIDENTAL
- Sec. 5 JURISDICTION
Rule 135 – inherent powers of the
Court.
- This power refers to the authority of a
court/tribunal to do all things
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civil procedure 1 - BASED ON THE EXPERTS Of riano 2022 and discussion of atty. salvado
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