includes the
the power and authority authority to execute
to hear and decide cases its decision
Original Jurisdiction power to take judicial
cognizance of a case
for judicial action for
the first time under
condition provided by
KINDS OF law
JURISDICTION
JURISDICTION
Appellate jurisdiction authority of a court
higher in rank to re-
examine the final
order or judgment of
a lower court that
tried the case
elevated for judicial
review
Exclusive jurisdiction means no other
courts or tribunal has
the same jurisdiction
over a particular
case
Concurrent means equal
jurisdiction jurisdiction to deal
with the same
subject matter
ASPECTS OF
JURISDICTION
conferred by law
By law and the
constitution, thus it:
cannot be subject of
agreement of the
parties
How? cannot be acquired,
Jurisdiction over waived, enlarged or
the SUBJECT diminished by any
MATTER act or omission of the
parties
cannot be conferred
by acquiescence by
the court
allegations in the
complaint
Determined by: character of the relief
sought
regardless of WON
plaintiff is entitled to
recover all or some
of the claims or relief
sought therein
court may dismiss
the case
Effect of lack of judgment is void
jurisdiction over the if the jurisdictional
subject matter defect is apparent on
the face of the
record, it may be
subject to collateral
attack
judgment is no
judgment at all
in the motion to
dismiss
When may jurisdiction be raised at any stage of
challenged? the proceeding even
for the first time on
appeal
If a case was filed and the
complaint was amended without
Jurisdiction over payment of docket the payment of the proper docket
the PARTIES fee fee, the court still acquires
jurisdiction as Manchester Dev
Corp v CA rule has been relaxed.
The court may now allow the
payment of the fee withing a
reasonable time but in no case
beyond the applicable prescriptive
or reglementary period
How? filing of initiatory
pleading (complaint)
Plaintiff
voluntary WHEN: If you seek an
appearance and AFFIRMATIVE RELIEF from the
Defendant submission to the court
authority of the court
Defendant's voluntary
valid service of appearance in the action
summons shall be equivalent to
service of summons
Note: lack of
jurisdiction over the
person of the
defendant NOT A
GROUND FOR
MOTION TO
DISMISS
an action in rem is an
When required? in action IN PERSONAM only action against a person in
the basis of his personal
liability
*Action in Rem an action against the thing
itself
*Action in Quasi- in rem an action wherein an
individual is names as
defendant and the purpose
of the proceeding is to
subject his interest therein
to the obligatoin or lien
burdening the property
How is it conferred and allegations in the
determined? pleadings of the
parties (issue of fact
Jurisdiction over and issue of law)
the ISSUES
CONFERRED BY: waiver or failure to
object to the
presentation of
evidence on the
matter not raised in
the pleading
DETERMINED BY: stipulation of the
parties during pre-
trial
acquired by placing
property or thing
Jurisdiction over under the custody of
the RES How is it acquired the court
through statutory
authority conferring
upon it the power to
deal with the property
of thing
JURISDICTION OF THE SUPREME
COURT
Petition for certiorari, prohibition and mandamus against:
1. CA Code: 4Cs
2. Comelec
Exclusive original jurisdiction 3. COA
4. Sandiganbayan
5. CTA
Petition for certiorari, prohibition and mandamus against:
Concurrent original jurisdiction
[CPM] 1. RTC BP 129, Sec 2 (1)
2. NLRC [but see: St. Martin Funeral Home v NLRC, 295 SCRA 494]
2. CSC. RA 7902
4. Other judicial bodies. Heirs of Hinog v Melicor
By way of petition for review on certiorari under Rule 45 over
Appellate jurisdiction [CSCR] decisions and final orders of:
1. CA Code: CSCR
2. Sandiganbayan
3. CTA en banc
4. RTC
Cases involving the constitutionality or validity of:
1. Law
2. Treaty
3. International or executive agreement
4. Presidential decree
5. Proclamation
6. Order Code: LTI EPP ORO ITAX LAWS.
7. Instructions JURISDICITON OF LC
8. Ordinance or regulation
9. Tax
10. Impost
11. Assessment or penalty
12. Jurisdiction of lower court
JURISDICTION OF THE COURT
OF APPEALS
BP 129 as amended by RA 7691, Sec
Exclusive original jurisdiction Annulment of judgments of the RTC 9 [2]
Rule 47 provides for procedure only
Concurrent original jurisdiction Petition for certiorari, prohibition, mandamus [CPM] against:
with SC 1. RTC
2. CTC
3. Other QJA
4. NLRC
Concurrent original jurisdiction Petition for C,P,M, quo warranto, habeas corpus
with SC and RTC
1. Appeal from judgments of RTC
Exclusive appellate jurisdiction 2. Petition for review from judgments of QJA, CSC, Ombudsman
3. Appeal from decision of MTC in cadastral or land registration cases
CA may receive evidence on appeal
BP 129 as amended, Sec 9 CA shall have the power to:
1. try cases and conduct hearings
2. receive evidence
3. perform any and all acts necessary to resolve factual issues raised
in cases falling within its original and appellate jurisdiction
JURISDICTION
OF THE it is an action whose principal
purpose or remedy sought IS
COURT all civil actions in which the subject of the NOT TO RECOVER A CERTAIN
APPEALS litigation is INCAPABLE OF PECUNIARY SUM OF MONEY or MONEY
ESTIMATION CLAIM IS MERELY INCIDENTAL
TO THE PRINCIPAL RELIEF
Injunction
Reformation of Contracts
Recission/annulment of Contracts
Exclusive Code: IRR CARDS Citizen suit
original Abatement/nuisance
jurisdiction Revival of Judgment
Declaratory relief
Specific performance
Civil actions which involve TIP: TITLE TO, Assessed value of property Where? Jurisdiction: MetC, MTC, MCTC
INTEREST THEREIN OR POSSESSION exceeds 20k METRO MANILA Except actions for forcible entry
OF REAL PROPERTY and unlawful detainer of lands or
builidngs
exceeds 50k OUTISDE MM
Matters of probate, both TESTATE and Assessed value Where?
INTESTATE / ADMIRALTY CASES
exceeds 300k METRO MANILA
Matters of probate, both TESTATE and exceeds 400k OUTISDE MM
INTESTATE / ADMIRALTY CASES
Q: Does MTC have jurisdiction over A: Yes
settlement of estate [probate or not]?
with the SC in actions affecting
1. ambassadors
2. other public ministers
3. consuls
Concurrent with the SC in actions affecting
original 1. ambassadors
2. other public ministers
3. consuls
with the SC and CA in petitions for CPM
against lower courts and bodies and in
petition for quo warranto and habeas corpus
over all cases decides by the First Level
Courts in their respective territorial
jurisdiction
Appellate
jurisdiction
RTC has jurisdiction
jurisdiction
over intra-
corporate
controversies
JURISDICTION OF THE
FIRST LEVEL COURT
ASSESSED VALUE WHERE?
1. over civil actions, probate proceedings, including grant of provisional less than 300k Metro Manila
remedies
less than 400k Outside MM
Exclusive original Excluding:
jurisdiction * damages of whatever kind
*atty's fees
*litigation expenses
* costs
2. cases over regardless of amount:
FORCIBLE ENTRY
UNLAWFUL DETAINER
3. Real action (TIP)
TOTALITY RULE if there are several claims or COA between the same or different parties, embodied in
the same complaint:
* amount of demand shall be the totality of the claims in all COA
* irrespective of whether the COA arose out of the same or different transactions
Requisites: Where to
1. When there is no appeal:
Delegated jurisdiction In Cadastral or land registration cases controversy or
of MTC opposition COURT OF
2. Value of contested APPEALS
lot does not exceed
100k
When?
In the absence of all the
RTC judges in a province
Special jurisdiction of May hear and decide petitions for writ of habeas corpus or applications for bail in or city
MTC criminal cases
Where?
In the province or city
where the absent RTC
judges sit
