1. What is civil procedure?

Civil procedure is the body of law that sets out the rules and standards that courts follow when
adjudicating civil lawsuits.

2.What is the concept of jurisdiction?

Jurisdiction is the power and authority of the court to hear, try and decide a case.

3.How is the jurisdiction of the court determined?

What determines the jurisdiction of the court is the nature of the action pleaded as appearing
from the allegations in the complaint. The averments and the character of the relief sought are
the ones to be consulted.

The nature of the case as made by the complaint and the relief sought; and the primary and
essential nature of the suit, not its incidental character, determines the jurisdiction of the court
relative to it.

Jurisdiction being a matter of substantive law, the established rule is that the statute in force at
the time of the commencement of the action determines the jurisdiction of the court

4.How is jurisdiction distinguished from venue?

WHAT IS JURISDICTION? VENUE?
Power or authority given by the law to a court or tribunal to hear and determine certain
controversies
> Power of courts to hear and determine a controversy involving rights which are
demandable and enforceable
VENUE
-Particular country or geographical area in which a court with jurisdiction may hear or
determine a case
-Procedural
-In civil cases, may be waived or stipulated by the parties
JURISDICTION
-Power of the court to decide a case on the merits
-Place of trial

-Substantive
-Granted by law or by the constitution and cannot be waived or stipulated

5. What is the principle of adherence to jurisdiction?

In view of the principle that once a court has acquired jurisdiction, that jurisdiction continues
until the court has done all that it can do in the exercise of that jurisdiction. This principle also
means that once jurisdiction has attached, it cannot be ousted by subsequent happenings or
events, although of a character which would have prevented jurisdiction from attaching in the
first instance. The court, once jurisdiction has been acquired, retains that jurisdiction until it
finally disposes of the case
6. What are the elements of jurisdiction?
The three essential elements of jurisdiction are:
1. that the court must have cognizance of the class of cases to which the one to be adjudged
belongs;
2. that the proper parties must be present; and,
3. that the point decided must be, in substance and effect, within the issue.

7. How is jurisdiction conferred over the subject matter of the case?

Jurisdiction over the subject matter is conferred by law and not by the consent or acquiescence
of any or all of the parties or by erroneous belief of the court that it exists.

8. How is jurisdiction over the person of the defendant acquired?

Jurisdiction over the person of the defendant is acquired by the proper service of summons, or
by his voluntary appearance in court and his submission to the authority of the court [Paramount
Industries vs. Luna, 148 SCRA 564].

9. The issue of jurisdiction can be questioned anytime, except when?

When the doctrine of estoppel by laches is applicable wherein objection to jurisdiction was raised
only after an adverse decision was rendered by the court against the party raising the issue of
jurisdiction and after seeking affirmative relief from the court and after participating in all stages
of the proceedings.

the only exception is when the party raising the issue is barred by estoppel.

10. May parties stipulate on the jurisdiction of the court?

No. Jurisdiction is conferred by law based on the facts alleged in the complaint since the latter
comprises a concise statement of the ultimate facts constituting the plaintiff’s causes of action.

11. What cases fall within the original exclusive jurisdiction of the Supreme Court?
The Supreme Court (SC) has exclusive original jurisdiction over cases affecting ambassadors,
other public ministers and consuls, and over petitions for certiorari, prohibition and mandamus,
quo warranto, and habeas corpus

12. What cases fall within the original concurrent jurisdiction of the Supreme Court with the
Court of Appeals?
The Supreme Court has original concurrent jurisdiction with the Court of Appeals in petitions for
certiorari, prohibition and mandamus against the RTC, CSC, Central Board of Assessment Appeals,
NLRC, Quasi-judicial agencies, and writ of kalikasan, all subject to the doctrine of hierarchy of
courts.
13. What cases fall within the original concurrent jurisdiction of the Supreme Court, the CA,
and the RTC?
With CA, RTC and Sandiganbayan for petitions for writs of amparo and habeas data

14. What cases fall within the appellate jurisdiction of the Supreme Court?
Appellate jurisdiction by way of petition for review on certiorari (appeal by certiorari under Rule
45) against the CA, CTA en banc, Sandiganbayan, RTC on pure questions of law; and in cases
involving the constitutionality or validity of a law or treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a
tax, impost, assessment, toll or penalty, jurisdiction of a lower court; and CTA in its decisions
rendered en banc.

15. What cases fall within the original exclusive jurisdiction of the Court of Appeals?
Exclusive original jurisdiction in actions for the annulment of the judgments of the RTC

16. What cases fall within the appellate jurisdiction of the Court of Appeals?
The Court of Appeals has exclusive appellate jurisdiction on the following instances:
(a) by way of ordinary appeal from the RTC and the Family Courts.
(b) by way of petition for review from the RTC rendered by the RTC in the exercise of its appellate
jurisdiction.
(c) by way of petition for review from the decisions, resolutions, orders or awards of the CSC,
CBAA and other bodies mentioned in Rule 43 and of the Office of the Ombudsman in
administrative disciplinary cases.
(d) over decisions of MTCs in cadastral or land registration cases pursuant to its delegated
jurisdiction; this is because decisions of MTCs in these cases are appealable in the same manner
as decisions of RTCs.

17. What cases fall within the original exclusive jurisdiction of the Sandiganbayan?
The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the
writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs
and processes in aid of its appellate jurisdiction and over petitions of similar nature, including
quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall
not be exclusive of the Supreme Court.

18. What cases fall within the appellate jurisdiction of the Sandiganbayan?
The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as herein provided.

19. What cases fall within the original exclusive jurisdiction of the Regional Trial Court?
1) Exclusive original jurisdiction
(a) Matters incapable of pecuniary estimation, such as rescission of contract;
(b) Civil actions in which involve title to, possession of, or interest in, real property where the
assessed value exceeds P20,000 or, for civil actions in Metro Manila, where such value exceeds
P50,000 except actions for forcible entry into and unlawful detainer of lands or buildings;
(c) Probate proceedings where the gross value of the estate exceeds P300,000 outside Metro
Manila or exceeds P400,000 in Metro Manila;
(d) Admiralty or maritime cases where the demand or claim exceeds P300,000 outside Metro
Manila or exceeds P400,000 in Metro Manila;
(e) All actions involving the contract of marriage and marital relations;
(f) All cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising
judicial or quasi-judicial functions;
(g) All civil actions and special proceedings falling within the exclusive original jurisdiction of a
Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by
law; and
(h) In all other cases in which the demand, exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs or the value of the property in controversy exceeds
P300,000 (outside Metro Manila) or P400,000 (Metro Manila).

(2) Original exclusive jurisdiction over cases not falling within the jurisdiction of any court,
tribunal, person or body exercising judicial or quasi-judicial functions

(3) Original and exclusive jurisdiction to hear and decide intra-corporate controversies

20. What cases fall within the appellate jurisdiction of the Regional Trial Court?
Appellate jurisdiction over cases decided by lower courts in their respective territorial
jurisdictions; annulment of judgment from MTC