I.

Jurisdiction in General
Meaning of Jurisdiction
Jurisdiction is defined as the power of the court to hear and decide cases (Herrera v. Barreto)
and to execute the judgment theron. (Echegaray v. Secretary of Justice)
Classifications of Jurisdiction
 General – the power of the court to adjudicate all controversies except those expressly
withheld from the plenary powers of the court.
 Special or Limited – one which restricts the court’s jurisdiction only to particular cases
and subject to such limitations as may be provided by the governing law.
 Original – the power of the court to take judicial cognizance of a case instituted for
judicial action for the first time under the conditions provided by law.
 Exclusive – the power or authority of the court to hear and determine exclusion of all
other courts.
 Exclusive Original – the power of the court to take judicial cognizance of a case
instituted for judicial action for the first time under the conditions provided by law, and to
the exclusion of all other courts.
 Appellate – the power and authority conferred upon a superior court to rehear and
determine causes which have been tried in lower courts.
 Concurrent – the power conferred upon different courts, whether of the same or different
ranks, to take cognizance at the same stage.
 Delegated – grant of authority to inferior courts to hear and determine cadastral and land
registration cases under certain conditions.
 Territorial – the power and authority to exercise its power within its territorial region.

II. Aspects of Jurisdiction

A. Over the subject matter – is the power to hear and determine the general class to which
the proceedings in question belong.

Effect of lack of Jurisdiction over the subject matter

- General rule, proceedings conducted or decisions made by a court are legally void where
there is an absence of jurisdiction over the subject matter. The court can only dismiss the
complaint for lack of jurisdiction.

How conferred
- Jurisdiction over the subject matter is conferred by law.

How determined
- Jurisdiction over the subject matter is determined by the allegations in the complaint, as well
as by the character of the relief sought. (Spousees Sanchez v. Aguilar)
Test of Jurisdiction
- The test of jurisdiction if whether or not the court or tribunal had the power to enter on the
inquiry.

Totality Rule
- Where there are several claims or causes of actions between the same or different parties,
embodied in the same complaint, the amount of the demand shall be the totality of the claims
in all the causes of action, irrespective of whether the causes of action arose out of the same
or different transactions. (Sec. 5(d), Rule 2)

Jurisdiction over the subject matter and Omnibus Motion Rule

- An omnibus motion is a motion attacking a pleading, order, judgment, or proceedings. (Sec.
9, Rule 15), The general rule is that in the motion all objections should be included in the said
motion, hence, if a motion to dismiss was filed and lack of jurisdiction over the subject matter
was not raised therein, a party may, when he files an answer, still raise the lack of jurisdiction
as an affirmative defense.

Effects of estoppel on objections to jurisdiction

- While it is the general rule that lack of jurisdiction over the subject matter may be raised at
any stage of the proceedings since it is conferred by law, a party may be barred from raising it
on the grounds of estoppel, however it may only be justified if the factual milieu is analogous
to Tijam v. Sibonghanoy.

Doctrine of Hierarchy of Courts and its exceptions

- Under the doctrine of hierarchy of courts, where courts have concurrent jurisdiction over a
subject matter, such concurrence of jurisdiction does not grant the party seeking relief
absolute freedom to file a petition in any court of his choice. Pursuant to this doctrine, a case
must be filed first before the lowest court possible having the appropriate jurisdiction, except if
one can advance a special reason which would allow a party a direct resort to a higher court;
a.) when there are special and important reasons clearly stated in the petition;
b.) when dictated by public welfare and the advancement of public policy;
c.) when demanded by the broader interest of justice;
d.) when the challenged orders were patent nullities;
e.) when analogous exceptional and compelling circumstances called for and justified the
immediate and direct handling by the Court;
f.) when there are genuine issues of constitutionality that must be addressed at the most
immediate time;
g.) when the issues raised are transcendental importance.
Doctrine of Non interference
- Under the doctrine of non interference, a court of equal and coordinate jurisdiction cannot
interfere with each other’s orders.

Doctrine of Primary Jurisdiction

- Under the doctrine of Primary Jurisdiction, the court cannot, and will not, resolve a
controversy involving questin which is within the jurisdiction of an administrative tribunal,
especially where the question demands exercise of sound administrative discretion requiring
the special knowledge, experience and services of the administrative tribunal to determine
technical and intricate matters of fact.

Doctrine of Exhaustion of Administrative Remedies; Exceptions

- Under the doctrine of exhaustion of administrative remedies, it is mandated that where a
remedy before an administrative body is provided by statute, relief must be sought by
exhausting this remedy prior to bringing the action in court in order to give that administrative
body every opportunity to decide a matter that comes within its jurisdiction, exceptions;
a.) where there is estoppel on the part of the party invoking the doctrine;
b.) where the challenged administrative act is patently illegal, amounting to lack of jurisdiction;
c.) where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant;
d.) where the amount involved is relatively small so as to make the rule impractical and
oppressive;
e.) where the question involved is purely legal and will ultimately have to be decided by the
courts of justice;
f.) where judicial intervention is urgent;
g.) when its application may cause great and irreparable damage;
h.) where the controverted acts violate due process;
i.) when the issue of non-exhaustion of administrative remedies has been rendered moot;
j.) when there is no other plain, speedy and adequate remedy; and
k.) when strong public interest is involved.

Doctrine of Ancillary Jurisdiction

- Under the doctrine of ancillary jurisdiction, refers to the authority of an office or tribunal to do
all things necessary for the administration of justice within the scope of its jurisdiction.(See
Sec. 6, Rule 135)

Doctrine of Adherence of Jurisdiction

- Under the doctrine of Adherence of Jurisdiction, means that once jurisdiction has attached, it
cannot be ousted by subsequent happenings or events, the court retains that jurisdiction until
it finally disposes of the case.
Doctrine of Judicial Stability
- Is one which precludes a court from interfering by injunction with the regular orders of a co-
equal court.

Doctrine of Residual Jurisdiction

- Under the Doctrine of residual jurisdiction, a court of origin loses jurisdiction over the case
only upon the perfection of the appeal filed in due time by the appellant and the expiration of
time to appeal of the other parties. (See Sec. 9, Rule 41)

B. Over the parties – refers to the power of the court to make decisions that are binding on
persons.

How acquired
- Jurisdiction over the plaintiff is acquired as soon as he files his complaint or petition(De
Pedro v. Romasan Development Corporation), because the mere filing of the complaint, the
plaintiff, in a civil action, voluntarily submits himself to the jurisdiction of the court. (Guy v.
Gacott)
- Jurisdiction over the defendant in a civil cases is acquired either by his voluntary
appearance in court and his submission to its authority or by service of summons.(Sec. 23,
Rule 14)
Necessity of Summons
- The fact that the action is one in rem or quasi in rem does not mean that the persons
interested in the subject matter of the action need not be summoned. In order to satisfy the
requirements of due process, summons upon such persons is required regardless of the
nature of the action.

C. Over the issues – is the power of the court to try and decide issues raised in the
pleadings of the parties. (Reyes v. Diaz)

How conferred and determined

- Generally, jurisdiction over the issue is conferred and determined by the allegations in the
pleadings of the parties, it may also be conferred by waiver or failure to object to the
presentation of evidence on a matter not raised in the pleadings, the parties try, with their
express or implied consent, issues not raised in the pleadings, and would be treated as if they
had been raised in the pleadings.

When issues arises even if not raised in the pleadings

- Generally, an issue arises from the pleadings of the parties, but it may arise in the case
without having been raised in the pleadings, when parties with their express or implied
consent tries an issue not raised in the pleadings. (Estolas v. Acena)
D. Over the res – refers to the court’s jurisdiction over the thing or the property which is the
subject of the action, such action must be one in rem or quasi in rem, when the action is one
in personam, jurisdiction over the res is not sufficient to authorize the court to render a
judgment against the defendant, jurisdiction over the person of the defendant is required.

How acquired
- It may be acquired by the court by placing the property or thing under its custody (custodia
legis) or constructive seizure, it may also be acquired by the court through statutory authority
conferring upon it the power to deal with the property or thing.

Extent of relief when jurisdiction is only over the res

- The court exercising an in rem or quasi in rem jurisdiction has limited powers, its jurisdiction
extends only to the value of the property over which its jurisdiction is based. If proven claim
exceeds the value of the property, the court has no authority to render a deficiency judgment.
Original Jurisdiction
A. Supreme Court
 Actions involving ambassadors, public ministers, and consuls (Sec. 5[1], Art. VIII,
1987 Constitution)
 Over petition for certiorari, prohibition, mandamus, quo warranto, habeas corpus
(Sec. 5[1], Art. VIII, 1987 Constitution);
 Petitions for Writ of Amparo (A.M. No. 07-9-12-SC);
 Petition for Habeas Data (A.M. No. 08-1-16-SC);
 Petition for writ of Continuing Mandamus (A.M. No. 09-6-8-SC)
 Petition for writ of Kalikasan (A.M. No. 09-6-8-SC)

B. Court of Appeals
 Petition for certiorari, prohibition, mandamus, quo warranto, habeas corpus (Sec. 9,
B.P. 129)
Under Special Rules:
 Petitions for Writ of Amparo (A.M. No. 07-9-12-SC);
 Petition for Habeas Data (A.M. No. 08-1-16-SC);
 Petition for writ of Continuing Mandamus (A.M. No. 09-6-8-SC);
 Petition for writ of Kalikasan (A.M. No. 09-6-8-SC);
 Petition for freeze order (A.M. No. 05-11-04-SC)
C. Regional Trial Court
 Actions involving ambassadors, public ministers, and consuls (Sec. 21, B.P. 129)
 Over petition for certiorari, prohibition, mandamus, quo warranto, habeas corpus
(Sec. 21, B.P. 129)
Under Special Rules:
 Actions for annulment of judgment of the MTC (Sec. 10, Rule 47)
 Petitions for Writ of Amparo (A.M. No. 07-9-12-SC);
 Petition for Habeas Data (A.M. No. 08-1-16-SC);
 Petition for writ of Continuing Mandamus (A.M. No. 09-6-8-SC)

D. Shari’ah District Court

 All cases involving custody, guardianship, legitimacy, paternity and filiation arising
under this Code (Art. 413, P.D. 1083);
 All cases involving disposition and settlement of the estate of deceased Muslims,
probate of the wills, issuance of letters administration or appointment of
administrator or executors regardless of the nature or the aggregate value of the
property;
 Petitions for declaration of absence and death and for the cancellation or correction
of entries in the Muslim Registries;
  All actions arising from customary contracts in which the parties are Muslims, if
they have not specified which law shall govern their relations;
 All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and
other auxiliary writs and processes in aid of its appellate jurisdiction;
 Petition by Muslims for the constitution of a family home, change of name, and
commitment of an insane person in the asylum;
 All other personal or real actions not mentioned in par. 1(d) wherein the parties are
Muslims except those for forcible entry and unlawful detainer, which shall fall under
the exclusive original jurisdiction of the MTC; and
 All special civil actions for interpleader or declaratory relief wherein the parties are
Muslims or the property involved belongs exclusively to Muslims.

Exclusive Original Jurisdiction

A. Supreme Court
- Supreme Court has exclusive original Jurisdiction over petition for certiorari, prohibition, and
mandamus against the:
 Court of Appeals
 Sandiganbayan
 Court of Tax Appeals
 Commission on Elections
  Commission on Audit
 Civil Service Commission
 Ombudsman in criminal cases
B. Court of Appeals
 Actions for annulment of judgment of the RTC (Sec. 9, B.P. 129)
 Decisions, final orders and resolutions of the RTC;
 Decisions, final orders and resolutions of the NLRC (A.M. No. 99-2-01-SC)
 Decisions, final orders of the Secretary of Labor and Employment (Labor Code)
 Decisons of the National Wage Productivity Commission (Labor Code)
 Decisions of the Bureau of Labor Relations (Labor Code)
 Decisions of the Secretary of Labor and Employment
C. Sandiganbayan
 Violations of R.A No. 1379
 Civil and Criminal Cases filed pursuant to E.O. Nos. 1,2,14, and 14-A
 Over petitions for the issuance of the writs of madamus, prohibition, certiorari,
habeas corpus, injunction and other ancillary writs and processes in aid of its
appellate jurisdiction;
 Over petitions of similar nature, including quo warranto, arising or that may arise in
cases filed or which may be filed under E.O. Nos. 1,2,14, and 14-A
D. Court of Tax Appeals
 Exclusive original jurisdiction in tax collection cases invloving final and executory
assessmens for taxes, fees, charges, and penalties, provided principal amount
does exceeds P1,000,000.00 (does not exceed, shall be tried by MTC, MetC, and
RTC)
E. Regional Trial Court
 In all civil actions in which the subject of the litigation is incapable of pecuniary
estimation;
 In all civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds
P400,000.00, except for actions for forcible entry and unlawful detainer.
 In all actions in admiralty and maritime jurisdiction where the demand or claim
exceeds P2,000,000.00
 In all matters of probate, both testate and intestate, where the gross value of the
estate exceeds P2,000,000.00
 In all actions involving the contract of marriage and marital relations, only in areas
where there is no family court pursuant to Sec. 17, R.A. No. 8369.
 In all cases not within the exclusive jurisdiction of any court, tribunal, person or
body exercising jurisdiction of any court, tribunal, person or body exercising judicial
or quasi-judicial functions (described as general jurisdiction)
  In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian
Relations as now provided by law; and
 In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs or the value of the property in
controversy exceeds P2,000,000.00.

Examples of actions incapable of pecuniary estimation

 Action for revival of judgment
 Action for specific performance
 Action for judicial partition with annulment of title and recovery of possession
 Complaint for nullity of corporation’s board resolution
 Action for declaratory relief
 Action for reformation of instrument
 Petition for consolidation of ownership
 Action for support
 Expropriation complaints
Special cases falling under the exclusive original jurisdiction of the RTC
 Cases under Securities and Regulation Code
 Cases under the Special Rules on Alternative Dispute Resolution (A.M. No. 07-1-
08-SC)
o Petition questioning the existence, validity, and enforceability of an
arbitration agreement
o Petition for judicial relief from the ruling of arbitral tribunal on a
preliminary question upholding or declining jurisdiction
o Petition for interim measure of protection
o Petition for appointment of arbitrator
o Petition challenging the appointment of arbitrator
o Petition to terminate the mandate of an arbitrator
o Petition for assistance in taking an evidence
o Petition for protective order
o Petition for confirmation, correction/modification or vacation of a
domestic arbitral award
o Petition to recognize and enforce, set aside an arbitral award
o Petition to recognize and enforce a foreign arbitral award
 Cases under the RTC acting as Family Court
  Determination of just compensation in Agrarian Cases
F. MeTC/MTC/MCTC
 Exclusive original jurisdiction in all civil actions which involve title to, or possession
of, real property, or any interest therein where the assessed value of the property or
any interest therein does not exceed Four hundred thousand pesos (P400,000.00)
exclusive on interest, damages of whatever kind, attorney’s fees, litigation
expenses and costs: Provided, That in cases of land not declared for taxation
purposes, the value of such property shall be determined by the assessed value of
the adjacent lots
 Exclusive original jurisdiction over civil actions and probate proceedings, testate
and intestate, including the grant of provisional remedies in proper cases, where
the value of the personal property, estate, or amount of the demand does not
exceed Two million pesos (P2,000,000.00), exclusive of interest, damages of
whatever kind, attorney’s fees, litigation expenses, and costs, the amount of which
must be specifically alleged: Provided, That interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs shall be included in the determination
of the filing fees: Provided, further, That where there are several claims or causes
of actions between the same or different parties, embodied in the same complaint,
the amount of the demand shall be totality of the claims in all the causes of action,
 irrespective of whether the causes of action arose out of the same or different
transactions;
 Exclusive original jurisdiction in admiralty and maritime actions where the demand
or claim does not exceed Two million pesos (P2,000,000.00)

Delegated Authority of the Supreme Court to Adjust the Jurisdictional Amounts for First
and Second Level Courts. – The Supreme Court, unless otherwise provided by law,
without prejudice, however, on the part of the Congress to adjust the amounts when the
circumstances so warrant, may be adjust the jurisdictional amount for first and second
level courts to: (1) reflect the extraordinary supervening inflation or deflation of currency;
(2) reflect change in the land valuation; (3) maintain the proportion of caseload between
first and second level courts.

Real actions falling within the jurisdiction of the MTC/MCTC

 Recovery of ownership of land
 Reconveyance of real property, removal of cloud in a title of a property, cancellation
of title of real property.
 Accion publiciana
 Accion reinvindicatoria
 Action for interpleader in case the subject matter of the action is a real property
  Action for quieting of title or removal of clouds

Cases under the rules of Summary Procedure

 Cases of forcible entry and unlawful detainer, also known as accion interdictal
 Probate proceedings, testate or intestate, where the gross value of the estate does
not exceed P2,000,000.00

Small Claims cases

 MeTC – does not exceed P400,000.00
 MTC/MCTC/MTCC - does not exceed P300,000.00

G. Shari’ah Circuit Court

- All civil actions and proceedings between parties who are Muslims or have been married in
accordance with Art. 13 involving disputes relating to:
 Marriage
 Divorce recognized under this Code
 Betrothal or breach of contract of marriage
 Customary dower
 Disposition and distribution of property upon divorce
 Maintenance and support, and consolatory gifts
  Restitution of marital gifts
 All cases involving disputes relative to communal properties.
Special Jurisdiction
A. Regional Trial Court
 Criminal cases
 Juvenile and domestic relations cases
 Agrarian cases
 Urban land reform cases which do not fall under the jurisdiction of quasi-judicial
bodies and agencies
 Such other special cases as the SC may determine in the interest of a speedy and
efficient administration of justice
RTC as Family Court
RTC as Special Commercial Court

B. Metropolitan/Municipal Trial Court

 Petition for habeas corpus
 Application for bail in criminal cases in the province or the city where the absent
RTC Judge sit
Delegated Jurisdiction
A. MeTC/MTC/MTCC
- Delegated jurisdiction in cadastral and land registration cases. – Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme
Court to hear and determine cadastral or land registration cases covering lots where there is
no controversy or opposition, or contested lots the where the value of which does not exceed
One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of
the claimant or by agreement of the respective claimants if there are more than one, or from
the corresponding tax declaration of the real property. Their decisions in these cases shall be
appealable in the same manner as decisions of the Regional Trial Courts. (as amended by
R.A. No. 7691)

Appellate Jurisdiction
A. Supreme Court
- Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:
  All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
 All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
 All cases in which the jurisdiction of any lower court is in issue.
 All criminal cases in which the penalty imposed is reclusion perpetua or higher.
 All cases in which only an error or question of law is involved.
Supreme Court En Banc
 All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc
 All other cases which under the Rules of Court are required to be heard en banc,
including those involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions, ordinances, and other
regulations.

Appellate Jurisdiction over judgment, final orders and resolutions of the following courts:
 CA
 Sandiganbayan
 CTA en banc
  RTC, involving questions of law
 CA, Sandiganbayan, RTC in petition for writ of amparo
 CA, Sandiganbayan, RTC in petition for habeas data
 CA in case of petition for writ of Kalikasan
 CA and RTC in petition for continuing mandamus

B. Court of Appeals
- The CA shall exercise exclusive appellate jurisdiction over:
 Decision and final orders of the RTC in the exercise of its original jurisdiction
 Decision and final orders of the RTC in the exercise of its appellate jurisdiction
 Decision and final orders of MeTC/MTC/MCTC in delegated jurisdiction
 Decision Shari’ah District Courts in the absence of the station of the Shari’ah
appellate courts
 All decisions and final orders rendered by the RTC in case of violation of IP Code
 Awards, judgment, final orders or resolution of quasi-judicial bodies (Sec. 1, Rule
43)

C. Sandiganbayan
 Final judgments, resolutions or orders of RTC in the exercise of their own original
jurisdiction
  Final judgments, resolutions or orders of RTC in the exercise of their appellate
jurisdiction

D. Court of Tax Appeals

- Sec. 7, R.A. 9282
 Decisions of Commissioner of Internal Revenue
 Inaction by the Commissioner of Internal Revenue
 Judgment of RTC in local tax cases
 Decisions of Commissioner of Customs
 Decisions of Central Board of Assessment Appeals
 Decisions of Secretary of Finance on Custom Cases
 Decisions of Secretary of Trade and Industry

E. Regional Trial Court

 Over all cases decided by MeTC/MTC/MTCC in their respective territorial regions.
(Sec. 22, B.P. 129)

F. Shari’ah District Court

 Over all cases tried by the Shari'ah Circuit Court
Concurrent Jurisdiction
A. Supreme Court
- Supreme Court shall exercise concurrent jurisdiction:
 With the RTC over actions involving ambassadors, other public ministers and
consuls
 With the CA, Sandiganbayan, and RTC over petitions for certiorari, prohibition,
mandamus, habeas corpus, amparo and data
 With the CA over petition for writ of kalikasan
 With the CA and RTC over petitions for writ of continuing mandamus
Subject to the limitations of Judicial hierarchy, except for when there is special and
important reasons specifically stated in the petition.