Civil Procedure

Instruction: In a yellow paper or notebook, write your answer/s to the following questions.
1. Define jurisdiction.
2. What are the requisites for the valid exercise of jurisdiction?
3. How may the court acquire jurisdiction over the person of : a) the plaintiff? b)the
defendant?
4. What determines jurisdiction of the court over the subject matter of the action?
5. What confers jurisdiction of the court over the subject matter of the action?
6. What are the exceptions to the general rule that “lack of jurisdiction over the subject matter
of an action cannot be waived by the parties and may be raised at any stage of the proceedings”?
(readTijam vs. Sibonghanoy. G.R.No. L-21450, April 15, 1968 and Soliven vs. Fastforms Inc.
G.R.No. 139031, Oct. 18, 2004)
7. How may the court acquire jurisdiction over the res (thing or property under litigation)?
8. Distinguish jurisdiction from exercise of jurisdiction.
a) Which one will result in error of jurisdiction and which one will result in error of judgment?
b) Which one is correctible by appeal and which one is correctible by certiorari?
9. Distinguish general jurisdiction from limited jurisdiction.
10. Distinguish original jurisdiction from appellate jurisdiction.
11. Distinguish exclusive jurisdiction from concurrent jurisdiction.
12. State the “policy of judicial hierarchy.”
13. The SC, CA and the RTC have concurrent original jurisdiction to issue writs of Certiorari,
Prohibition and Mandamus, does it mean that litigants have unrestrained freedom of choice of the
court to which the application may be filed? State your reason/s.
14. State the “doctrine of judicial stability or non-interference and its exception (see Santos vs.
Bayhon, G.R. No. 88643, July 23, 1991)
15. a) State the “doctrine of adherence to jurisdiction”, also known as, “continuity of jurisdiction”
. b) Give exceptions.
16. State the “doctrine of primary jurisdiction” (see Villaflor vs. C.A. G.R. No. 95694, Oct. 8,
1997)
17. a) State the “doctrine of ancillary jurisdiction” ; b) Explain by an example
18. In his complaint, plaintiff prays for reconveyance of title to and/or possession of real
properties it assigned to defendant. Both plaintiff and defendant concede that the case does not
involve an intra-corporate controversy over which the Special Commercial Court to where the case
was filed has jurisdiction. Hence the judge ordered re-raffling of the case to the regular court. Is the
judge correct? (read Home Guaranty Corp vs. RH Builders, G.R. No. 192649,March 9, 2011 )
19. Plaintiff lessor of a commercial building filed a complaint for Collection of Sum of Money
with the RTC of Baguio, Branch 61 against Defendant Lessee. Substanstially, the complaint
alleged, among others, that a) the defendant has failed to pay the rentals for the leased premises,
the overdue account now amounting Nine Hundred Thousand Pesos; b) The plaintiff made a
written demand upon defendant to pay the overdue rental and to vacate the premises. Pointing out
the said allegations, defendant filed a motion to dismiss on the ground that the RTC has no
jurisdiction over the subject matter on the ground that the allegations therein clearly indicate that
the action is one for ejectment (unlawful detainer), an action under the exclusive original
jurisdiction of the MTC. The RTC Judge denied the motion to dismiss. Is the Judge correct? (read
Barrazona vs. RTC of Baguio, GR No. 154282, April 7, 2006)
20. Is the filing of a “Motion To Lift Order of Default” considered voluntary appearance that
would vest the court jurisdiction over the person of the defendant? (read Rapid City Realty vs. Villa,
GR No. 184197, Feb. 11, 2010)
Digest the following cases (handwritten on short bond paper) and submit to me on June 22,
2019 before our class:

Augustin International vs. Bartolome, G.R. No. 226578, Jan. 28, 2019
Paringit vs. Global Gateway, G.R. No. 217123, Feb. 6, 2019
Slord Development vs. Noya, G.R. No. 232687, Feb. 4, 2019
Cadavas vs. Court Of Appeals, Davao Doctors, G.R. No. 228765, Mar. 20, 2019
Philippine Journalists vs. De Guzman, G.R. No. 208027, April 1, 2019
Moral vs. Momentum Properties, G.R. No. 226240, Mar. 6, 2019
Lepanto vs. Mamaril, G.R. No. 225725, Jan. 16, 2019
Gsis Family Bank Employees Union vs. Villanueva,G.R.No.210773, Jan. 23, 2019
Pacios vs. Tahanang Walang Hagdanan, G.R. No. 229579, Nov. 14, 2018
Lingnam Restaurant vs. Skills & Talent, G.R. No. 214667, Dec. 3, 2018