Doctrine of hierarchy of courts (principle of judicial hierarchy)

- Under the doctrine of hierarchy of courts, where courts have concurrent of

jurisdiction over a subject matter, such concurrence of jurisdiction does not grant
the party seeking relief the 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.

Doctrine of non-interference or doctrine of judicial stability

- The doctrine of non-interference holds that courts of equal and coordinate

jurisdiction cannot interfere with each other’s orders.

Doctrine of primary jurisdiction (primary administrative jurisdiction)

(exhaustion of administrative remedies)

- Under the doctrine of primary jurisdiction, a remedy within the administrative

machinery must be resorted to give the administrative officers every opportunity
to decide a matter within his jurisdiction. Such remedy must be exhausted first
before the court’s power of judicial review can be sought.

Doctrine of adherence of jurisdiction

- The doctrine of adherence of jurisdiction means once jurisdiction has attached, it

cannot be ousted by subsequent happenings or event, although of a character
which would have prevented jurisdiction from attaching in the first instance.

Doctrine of ancillary (incidental) jurisdiction

- This powers 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, and
for the enforcement of its judgment and mandate.

Doctrine of judicial stability

- The doctrine of judicial stability is one which precludes a court from interfering by
injunction with the regular orders of a co-equal court.

Totality rule

- Under the 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 transaction.

Original jurisdiction

- Jurisdiction to take cognizance of a case at its inception, try it and pass judgment
upon the law and facts.

Exclusive jurisdiction

- Precludes the idea of co-existence and refers to jurisdiction possessed to the

exclusion of others.

Concurrent jurisdiction

- The power of different courts to take cognizance of the same subject matter.

Error of jurisdiction

- An error of jurisdiction is one which occurs when the court exercises a jurisdiction
not conferred upon it by law.

Error of judgment

- And error of judgment presupposes that the court is vested with jurisdiction over
the subject matter of the action but, in the process of exercising that jurisdiction,
it committed mistakes in the appreciation of the facts and the evidence leading to
an erroneous judgment.

Formal amendments

- A defect in the designation of the parties and the other clearly clerical or
typographical errors may be summarily corrected by the court at any stage of the
action, at its initiative or on motion, provided no prejudice is caused thereby to
the adverse party.

Supplemental pleading

- Is one which sets forth transaction, occurrences or events which have happened
since the date of the pleading sought to be supplemented.

Distinction between a compulsory and a permissive counterclaim

1. A compulsory counterclaim, which a party has at the time the answer is filed,
shall be contained in the answer because a compulsory counterclaim not set up
shall be barred while a permissive counterclaim is not subject to the above rule.
 Hence, it may be set up as an independent action and will not contained in the
answer to the complaint.
2. A compulsory counterclaim is not an initiatory pleading while permissive
counterclaim is considered an initiatory pleading.
3. A permissive counterclaim should be accompanied by a certification against
forum shopping while a permissive counterclaim which cannot independently set
up, does not require that certificates mentioned because it is not initiatory in
character.