JURISDICTION

JURISDICTION is the power and authority of the court to hear, try and decide a case; it is the power or capcity given by law to a court or tribunal to
entertain, hear and determine certain controversies.
NOTE:
-

it is NOT the power of the judge but of the court;

it does NOT refer to the decision itself;
The court has the DUTY to determine its jurisdiction ( when it appears the court has nor jurisdiction over the subject matter of complaint before
it, court has the duty to dismiss the claim and can do so motu proprio or upon motion). Its duty to exercise may be enforced b yway of
mandamus proceeding,

EFFECT OF LACK OF JURISDICTION

GR: proceedings conducted or decisions made are legally void where there is an absence of jurisdiction over the subject matter (applies even if court is
in good faith; Remedy: Collateral Attack)
TEST OF JURISDICTION
Whether the court has the power into the inquiry and not whether the decision is right or wrong
JURISDICTION OVER THE SUBJECT MATTER power of a particular court to hear the type of case that is then before it; refers to the jurisdiction of
the court over the class of cases to which a particular cases to which a particular case belongs. To hear cases of general class.
i.e real actions, personal actions, actions incapable of pecuniary estimation
ERROR OF JURISDICTION
Where the act complained of was issued by the court without or
in excess of jurisdiction;
It occurs when the court exercise a jurisdiction NOT conferred
upon it by law.
May also occur even if with jurisdiction but it acts in excess of its
jurisdiction or with grave abuse of discretion amounting to lack
of jurisdiction.
Its proceedings are ABSOLUTE NULLITY, correctibble only by
extraordinary writ of certiorari

ERROR OF JUDGMENT
Presupposes that the court is vested with jurisdiction but in
exercising it, it committed mistakes in the appreciation of the
facts and the evidence leading to an erroneous judgment.
NOT A VOID JUDGMENT, Hence, correctible by appeal;
-

LACK OF JURISDICTION
Not vested by law to take cognizance of a case

EXCESS OF JURISDICTION
Presupposes existence of authority to assume jurisdiction but in
the exercise of such authority, it acted beyond the power
conferred upon it.

JURISDICTION
Power or authority of a court; to determine a cause the right to
act in a case.

CAUSE OF ACTION
Refers to the act or omissiom of a person violative of the rights
of others. (Sec 2 Rule 2)

GR: Jurisdiction over the subject matter is conferred by law ( statute or Constitution) Hence, it cannot be:
i.
Granted by the agreement of the parties;
ii.
Acquired,waived,enlarged or diminished by any act or omission of the parties;
iii.
Conferred by the acquiescence of the courts
HOW JURISDICTION OVER THE SUBJECT MATTER IS DETERMINED?
GR: By the allegations in the complaint which comprise a concise statement of the ultimate facts constituting the plaintiffs cause of action.
Caption of the case is NOT controlling;
The courts jurisdiction cannot be made to depend upon defences set up in answer or in a motion to dismiss;
It does not depend on the amount ultimately substantiated and awarded by the trial cpurt.
XPN: not applied in ejectment cases when defendant averred the defens eof existence of a tenancy relationship between parties.
DOCTRINE OF PRIMARY JURISDICTION
GR: courts cannot and will not resolve a controversy involving a question within the jurisdiction of an administrative tribunal, especially when the
question demands the sound exercise of administrative discretion requiring its technical expertise. Hence, relief must be first obtained in an
administrative proceeding before resorting to the court. i.e,
i.
COA has primary jurisdiction over money claims against goevrnemnt agencies;
ii.
MWSS- re bid for a waterworks project
iii.
CSC concerning govet employment status;
iv.
DARAB re agrarian dispute ove rpaymennt of back rentals under a leashold contract
XPNS:
i.
estoppel on the part of party invoking the doctrine;
ii.
challenged administrative act is patently illegal;
iii.
where theres unreasonable delay or official inaction
iv.
amount involved is relatively small;
v.
quetsioninvolved is purely legal and will ultimately have to be decided by the courts of justice;
vi.
where judicial intervention is urgent;
vii.
when its application may cause great and irreparable damage
viii.
no other plain & speedy remedy
DOCTRINE OF ADHERENCE OF JURISDICTION
GR: Once it is acquired, it continues until the case is finally terminated. Applies to criminal cases.
RULE 1

ACTION
GENERAL PROVISIONS
CIVIL ACTION one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong
CRIMINALA CTION which State prosecutes a person for an act or mission punishable by law.
SPECIAL PROCEEDING its purpose is to establish a status, right or a particular fact
Under Sec 1 Rule 72, we have:
i.
settleme tof estate of deceased persons;
ii.
escheat;
iii.
guardianship and custody of children;
iv.
trustees;
v.
adoption;
vi.
rescission and revocation of adoption;
vii.
hospitalization of insane persons;
viii.
habeas corpus;
ix.
change of name;
x.
voluntary dissolution of corporations;
xi.
judicial approval of voluntary recognition of minor natural children;
xii.
constitution of family home;
xiii.
declaration of absence and death;
xiv.
cancellation or correction of entries in the civil registry
SPECIAL CIVIL ACTIONS IN THE RULES OF COURT
i.
interpleader;
ii.
declaratory relief and similar remedies;
iii.
review of judgments and final order or resolutions of the COMELEC and COA;
iv.
certiorari, prohibition and mandamus;
v.
quo warranto;
vi.
expropriation;
vii.
foreclosure of REM;
viii.
partition;
ix.
forcible entry and unlawful detainer;
x.
contempt
REAL ACTION vs PERSONAL ACTION
REAL ACTION affects title to, or possession of real property or an interest therein; founded on the privity of real estate (i.e unlawful detainer, forcible
entry, accion publiciana, accion reinvindicatoria, quieting of title or removal of a cloud on a title) Note however, that not every action involving real
property is a real action because if its only incidental to the subject matter of the suit, it is a personal action. (i.e action for damages to real property)
Examples of Real Action: recovery of possession of real property + damages (the aspect of damages here is only incidental); specific performance for
the issuance of deed of sale for a parcel of land; recover possession of real property; foreclosure of REM
PERSONAL ACTION
i.e (action for damages to real property; action to recover possession of a personal property; declaration of nullity of marriage; specfici performance with
damages (so long as it does not involve a claim for recovery of ownership) issuance of a deed of assignment; mere execution of deed of sale; annu the
cancellation of award; annul a contract of loan
SIGNIFICANCE OF THE DISTINCTION OF REAL vs PERSONAL
for the purpose of determining the venue;
A real action is local, its venue depends upon the location of the real property involved in the litigation.
A personal action is transitory, its venue depends on the residence of the parties. (RULE 4 SEC 2, either at the place of respondent or
plaintiff, at the elction of plaintiff)
RULES RE VENUE OF AN ACTION
1. Determine whether the action is real or personal;
2. Apply the rules on venue under RULE 4
IN PERSONAM vs IN REM
IN PERSONAM
IN REM
one which seeks to enforce personal rights and obligations
directed against the thing itself instead of the person ;
( i.e concerns the status of a person like adoption, annulment of
brought against the person; jurisdiction over the person;
Purpose: to impose, through judgment of a court some
marriage, correction of entries in birth certificate);
Binding upon the whole world
responsibility or liability directly upon the person of the
defendant.
(i.e action for sum of money, action for damages)
Binding upon the parties and their successors-in-interest but not
upon strangers

TO ACQUIRE JURISDICITON OVER THE RES:

1. Seizure of the property under legal processes;
2. As a result of the institution of legal proceedings

NOTE: An action in personam is not necessarily a personal action. Nor is a real action, necessarily an in rem action. An in personam or an in rem action
is classifications of actions according to the object of the action. A personal and real action is classification according to foundation. It is in rem when
directed against the whole world and in personam when directed to particular person.
QUASI IN REM ACTIONS one wherein an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the
obligation or lien burdening the real property and not to render judgment against him. (i.e attachment; foreclosure of rem; action for partition);
SIGNIFICANCE OF DISTINCTION BET IN PERSONAM vs IN REM
1. To determine whether or not jurisdiction over the defendant is required
2. To determine the type of summons to be employed
In an action in personam, jurisdiction over the person of the defendant is necessary for the court to validly try and decide the case. In a proceeding in
rem or quasi in rem, the jurisdiction over the person of the defendant is not a prerequisite to confer jurisdicition over the res. (Biaco vs Phil Countryside
Rural Bank)
GR: Summons by publication will not enable court to acquire jurisdiction over the person of defendant
XPNS:
i.
If the identitiy of the defendant is unknown or whose whereabouts is unknown, service may be with leave of court, by publication.
ii.
If the defendant is resident, he may be bserved by publication with leave of court.
CAUSE OF ACTION
(SEC 2 RULE 2) it is the act or omission by which a party violate the rights of another.
ELEMENTS OF CAUSE OF ACTION
i.
Right in favour of plaintiff
ii.
Obligation on the part of defendant to respect or not to violate such right;
iii.
Act or omission on the part of such defendant in violation of the right of the plaintiff or constituting the breach of the obligation
1.

CAUSE OF ACTION BASED ON CONTRACTS

ELEMENTS:
i.
Existence of a contract;
ii.
Breach of contract; (Hence, allegation & proof of negligence is immaterial)

2.

ON THE VICARIOUS LIABILITY OF AN EMPLOYER

GR: negligence as an element of quasi-delict must be alleged and proved (ART. 2176)
XPNS: negligence of those persons described under Art. 2180, is presumed under doctrine of vicarious liability. (Rebuttable by: if exercise
diligence of a good father)

3.
-

FOR A SUM OF MONEY BASED ON PROMISSORY NOTE

Requires that a debt exist and it must be on the maturity date. (The promi note must be properly pleaded by attaching in the original pleading)

4.
-

FOR UNLAWFUL DETAINER

There shall be demand to vacate and such is not complied with. However, if the suit is based on expiration of the lease, notice and demand
are not required.
RECITAL of the ff:
i.
Initially, possession of property by the defendant was by contract with or by tolerance of the plaintiff;
ii.
Eventually, such possession became illegal upon notice by plaintiff to defendant of the termination of his possession;
iii.
Thereafter, defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof;
iv.
Within one (1) year from the last demand on demand to vacate the property

5.
6.
7.

CAUSE OF ACTION FOR FORCIBLE ENTRY

The possession of the defendant is illegal from the very beginning
FOR MALICIOUS PROSECUTION
ENVIRONMENTAL CASES