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ATENEO CENTRAL BAR OPERATIONS 2007

Remedial Law
SUMMER REVIEWER

Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G.
Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan
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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
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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.

See Annex on J urisdiction