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This document discusses jurisdiction in legal matters. It defines jurisdiction as the authority given by law to a court or tribunal to hear and determine certain cases. It outlines the different types of jurisdiction including over parties, subject matter, territory, and in rem. It also distinguishes between jurisdiction and venue. Several principles related to jurisdiction are explained, such as the doctrines of ancillary jurisdiction, judicial stability, primary jurisdiction, and adherence of jurisdiction. The exclusionary principle is also mentioned, which holds that the court first acquiring jurisdiction exercises it to the exclusion of all others.
This document discusses jurisdiction in legal matters. It defines jurisdiction as the authority given by law to a court or tribunal to hear and determine certain cases. It outlines the different types of jurisdiction including over parties, subject matter, territory, and in rem. It also distinguishes between jurisdiction and venue. Several principles related to jurisdiction are explained, such as the doctrines of ancillary jurisdiction, judicial stability, primary jurisdiction, and adherence of jurisdiction. The exclusionary principle is also mentioned, which holds that the court first acquiring jurisdiction exercises it to the exclusion of all others.
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This document discusses jurisdiction in legal matters. It defines jurisdiction as the authority given by law to a court or tribunal to hear and determine certain cases. It outlines the different types of jurisdiction including over parties, subject matter, territory, and in rem. It also distinguishes between jurisdiction and venue. Several principles related to jurisdiction are explained, such as the doctrines of ancillary jurisdiction, judicial stability, primary jurisdiction, and adherence of jurisdiction. The exclusionary principle is also mentioned, which holds that the court first acquiring jurisdiction exercises it to the exclusion of all others.
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als PDF, TXT herunterladen oder online auf Scribd lesen
Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G. Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan TIFF (Uncompressed) decompressor are needed to see this picture.
JURISDICTION
Authority given by law to a court or tribunal to hear and determine certain controversies involving rights which are legally demandable and enforceable
SUBSTANTIVE LAW PROCEDURAL LAW Creates, defines and regulates rights and duties that give rise to a cause of action Law that prescribes the method of enforcing rights and obtaining redress for their invasion Makes vested rights No vested rights Cannot be enacted by the SC SC is empowered to promulgate procedural rules by Art VIII of the Constitution
Requisites for Valid Exercise of Jurisdiction Criminal Action Civil Action J urisdiction over the parties (accused) J urisdiction over the parties J urisdiction over the subject matter J urisdiction over the subject matter J urisdiction over the territory J urisdiction over the res
Jurisdiction Over the Parties J urisdiction over the plaintiff is acquired upon filing of the complaint J urisdiction over the defendant is acquired either by his voluntary appearance in court and his submission to its authority or by service of summons J urisdiction over the accused is acquired by a valid arrest or his voluntary submission to the authority of the court
Jurisdiction Over the Subject Matter J urisdiction over the subject matter is determined by the allegations made in the complaint For purposes of determining jurisdiction in civil actions, the allegations and nature of the principal action is controlling, not those of incidental or ancillary claims. In criminal actions, jurisdiction over the subject matter is determined by: o The nature of the offense and the penalty attached thereto o Fact that the offense was committed within the territorial jurisdiction of the court J urisdiction is governed by the law at the time the action is commenced
Jurisdiction Over the Res Acquired either by seizure of the property under legal process or as a result of the institution of legal proceedings, in which the power of the court is recognized and made effective. In civil actions, jurisdiction over the res and the subject matter is sufficient to vest jurisdiction in the court even in the absence of jurisdiction over the person of the defendant who does not reside and cannot be found in the Philippines.
Jurisdiction Over the Territory Power of the court to decide a case with reference to the territory over which it is to be exercised
VENUE JURISDICTION Geographical area in which a court may hear and determine a case (place of trial) Power of the court to hear and decide a case on the merits Procedural Substantive In civil cases, venue may stipulated by the parties Granted by law hence stipulated
May by waived Cannot be waived, except for jurisdiction over the person Establishes a relation between the plaintiff and the defendant Establishes a relation between the court and the parties and subject matter Deals with convenience Deals with substance Court may not motu proprio dismiss a case for improper venue Court may motu proprio dismiss a case for lack of jurisdiction
ERROR OF JURISDICTION ERROR OF JUDGMENT One where the court, officer or quasi-judicial body acts without or in excess of jurisdiction One that the court may commit in the exercise of jurisdiction, it include errors in procedure or mistakes in the courts findings Renders judgment and Does not render the QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Page 2 of 289 proceedings void or at least voidable courts decision void Reviewable only by Certiorari Reviewable on Appeal
KINDS OF JURISDICTION 1. As to cases tried: a. General J urisdiction exercised over all kinds of cases b. Limited J urisdiction confined to particular cases and exercised only under the limitation and circumstances prescribed by statute 2. As to nature of the cause: a. Criminal J urisdiction for the punishment of a crime b. Civil J urisdiction when the matter is not criminal in nature 3. As to timing: a. Original J urisdiction exercised by courts in the first instance b. Appellate J urisdiction conferred on superior courts to review and decide cases tried by inferior or lower courts 4. As to extent of exercise: a. Exclusive J urisdiction confined to a particular tribunal and possessed by it to the exclusion of all others b. Concurrent J urisdiction exercised by different courts at the same time over the same subject matter and within the same territory. Litigants may resort to either court at the first instance, but the court which first validly acquired jurisdiction takes it to the exclusion of all others. 5. As to situs: a. Territorial J urisdiction exercised within the limits of the place where the court is located b. Extra-territorial J urisdiction exercised beyond the confines of the place where the court is located
DOCTRINE OF JUDICIAL STABILITY OR NON- INTERFERENCE No court has the authority to interfere by injunction with the judgment of another court of coordinate jurisdiction or to pass upon or scrutinize and much less declare as unjust a judgment of another court (Industrial Enterprises Inc. vs CA 184 SCRA 426)
Courts of equal rank cannot interfere each others orders.
DOCTRINE OF ANCILLARY JURISDICTION It involves the inherent or implied powers of the court to determine issues incidental to the exercise of its primary jurisdiction.
Under its ancillary jurisdiction the court may determine all questions relative to the matters brought before it, regulate the manner in which a trial shall be conducted, determine the hours at which the witnesses and lawyers may be heard, appoint a receiver, etc.
POLICY OF JUDICIAL HEIRARCHY The policy means that a higher court will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate lower courts.
Though it is true that the SC, CA and RTC have concurrent original jurisdiction to issue writs of certiorari, prohibition and mandamus, the application should still be filed with the lower court unless the importance of the issue involved deserves action of the court of higher level.
DOCTRINE OF PRIMARY JURISDICTION Where there is an administrative body tasked with the determination of facts relating to a special or technical field, the courts must give such administrative body the opportunity to do so before proceeding with the action.
DOCTRINE OF ADHERENCE OF JURISDICTION Once jurisdiction is vested in a court, it is retained by such until the end of litigation regardless of circumstances that would have prevented the continued exercise of jurisdiction by the court. Hence, a law enacted during the pendency of a case which transfers jurisdiction to another court does not affect cases already pending prior to its enactment. Exceptions: o When the law expressly provides for retroactive application o When the change of jurisdiction is curative in nature o Perfected appeal, here jurisdiction is transferred to the appellate court
EXCLUSIONARY PRINCIPLE The court first acquiring jurisdiction exercises it to the exclusion of all others.