Вы находитесь на странице: 1из 6

persons subject matter res issues territory --------The aspects of the court's jurisdiction are that it must

have jurisdiction over the: (1) ____ of the parties (2) ____ ____ of the controversy (3) ____ or the thing
or property under litigation (4) ____ as raised in the pleadings or by their agreement in a pre-trial order
or those tried by the implied consent of the parties (5) ____ where the offense was committed or where
any of its essential ingredients occurred.

2 special proceeding habeas corpus --------There must be at least __ parties except in a ____ ____, and
the exception to the exception is in a special proceeding for ____ ____.

files complaint petition initiatory pays docket fees reasonable time --------The court acquires jurisdiction
over the plaintiff from the moment he (1) ____ his ____, ____, or ____ pleading, and (2) ____ the
correct ____ ____ within a ____ ____ but before the expiration of the applicable prescriptive or
reglementary period.

voluntary appearance valid service --------CIVIL CASE: Court acquires jurisdiction over the defendant
either by his (1) ____ ____ in court and submission to its authority or (2) by ____ ____ of summons.

lawful arrest voluntary surrender --------CRIMINAL CASE: Court acquires jurisdiction over the accused
either by his (1) ____ ____ or (2) upon his ____ ____ to the court.

Error of Jurisdiction --------One where the court, officer, or quasi-judicial body: (1) acts without or in
excess of jurisdiction, or with grave abuse of discretion (2) renders a judgment void or at least voidable
(3) correctible by Certiorari.

without excess grave abuse void voidable Certiorari --------Error of Jurisdiction is one where the court,
officer, or quasi-judicial body: (1) acts ____ or in ____ of jurisdiction, or with ____ ____ of discretion (2)
renders a judgment ____ or at least ____ (3) correctible by ____.

Error of Judgment --------One that the court: (1) may commit in the exercise of jurisdiction, it includes
errors of procedure or mistakes in the court's findings (2) such an error does not make the court's
decision void (3) correctible by Appeal.

jurisdiction procedure findings void Appeal --------Error of Judgment is one that the court: (1) may
commit in the exercise of ____, it includes errors of ____ or mistakes in the court's ____ (2) such an
error does not make the court's decision ____ (3) correctible by ____.

actual constructive seizure --------Jurisdiction over the res is obtained by ____ ____ ____ placing the
property under the orders of the court (BANCO ESPAOL FILIPINA v. PALANCA, 37 PHIL. 921).

jurisdictional instituted tried committed essential ingredients --------Venue in criminal cases is ____,
being an essential element of jurisdiction (AGBAYANI VS. SAYO, 89 SCRA 699). In all criminal
prosecutions, the action shall be ____ and ____ in the court of the municipality or territory wherein the
offense was ____ or any one of the ____ ____ thereof took place (PEOPLE VS. TOMIO, 202 SCRA 77).

Constitution law --------Jurisdiction over the subject matter is conferred by the ____ or by ____ (BANCO
ESPAOL FILIPINA v. PALANCA, 37 PHIL. 921).

Delegated Jurisdiction in Cadastral and Land Registration Cases 4 7691 --------KIND OF JURISDICTION: an
exception to the rule that all appeals pass thru the RTC. It provides that MeTCs, MTCs, and MCTCs may
be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering
lots where there is no controversy or opposition, or contested lots where the value of which does not
exceed P100,000.00, such value to be ascertained by the affidavit of the claimant or by agreement of
the respective claimants if there are more than one, or from the corresponding tax declaration of the
real property. Their decisions in these cases shall be appealable in the same manner as decisions of the
Regional Trial Courts (Sec. __, R.A. No. __).

Special jurisdiction writ of habeas corpus bail 35 129 --------KIND OF JURISDICTION: in the absence of all
the Regional Trial Judges in a province or city, any Metropolitan Trial Judge, Municipal Trial Judge,
Municipal Circuit Trial Judge may hear and decide petitions for a ____ __ ____ ____ or applications for
____ in criminal cases in the province or city where the absent Regional Trial Judges sit (Sec. __, B.P. Blg.
__)

Limited jurisdiction title to property --------KIND OF JURISDICTION: rule that a Regional Trial Court, acting
as a probate court, exercises but ____ ____, and thus has no power to take cognizance of and determine
the issue of ____ __ ____ claimed by a third person adversely to the decedent, unless the claimant and
all other parties having legal interest in the property consent, expressly or impliedly, to the submission
of the question to the probate court for adjudgment (VALERA vs. INSERTO, 1987).

civil probate provisional remedies personal estate amount 300,000 400,000 specifically alleged 129 7691
--------Municipal Trial Courts shall have exclusive original jurisdiction over ____ actions and ____
proceedings, testate and intestate, including the grant of ____ ____ in proper cases, where the value of
the ____ property, ____, or ____ of the demand does not exceed P____ (or P____ in Metro Manila),
exclusive of IDALEC, the amount of which shall be ____ ____ (B.P. Blg. ____ as amended by R.A. No.
____).

interest damages of whatever kind attorney's fees litigation expenses cost --------Municipal Trial Courts
shall have exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate,
including the grant of provisional remedies in proper cases, where the value of the personal property,
estate, or amount of the demand does not exceed P300,000 (or P400,000 in Metro Manila), exclusive of
IDALEC, the amount of which shall be specifically alleged (B.P. Blg. 129 as amended by R.A. No. 7691).
IDALEC means?

forcible entry unlawful detainer issue of ownership resolved issue of possession 3 7691 --------Municipal
Trial Courts shall have exclusive original jurisdiction over cases of ____ ____ and ____ ____, provided
that when, in such cases, the defendant raises the questions of ownership in his pleadings and the
question of possession cannot be resolved without deciding the issue of ownership, the ____ __ ____
shall be ____ only to determine the ____ __ ____ (Sec. __, R.A. No. ____).

title possession assessed value interest 20,000 50,000 not declared for taxation purposes adjacent lots 3
7691 --------Municipal Trial Courts shall have exclusive original jurisdiction in all civil actions which
involve ____ to, or ____ of, real property, or any interest therein where the ____ ____ of the property
or ____ therein does not exceed P____ or (P____ in Metro Manila) exclusive of IDALEC, provided that in
cases of land __ ____ __ ____ ____, the value of such property shall be determined by the assessed
value of the ____ ____. (Sec. __, R.A. No. ____).

No. Exceptional circumstances exist that call for the relaxation of the rule. Both petitioners and
respondents agree that these cases are of transcendental importance as they involve the construction
and operation of the country's premier international airport. AGAN JR. vs. PIATCO 2003 --------Petitioners
filed instant petitions for prohibition under Rule 65 seeking to prohibit the MIAA and DOTC
implementing the concession agreements executed by the Philippine Government through the DOTC
and the MIAA and the PIATCO. PIATCO alleges that the Supreme Court is without jurisdiction to review
the instant case at the first instance which otherwise. They contend that trial courts have concurrent
jurisdiction with SC with respect to a special civil action for prohibition and hence, following the rule on
hierarchy of courts, resort must first be had before the trial courts. Is PIATCO correct?

hierarchy of courts special important reason exceptional compelling circumstance certiorari prohibition
mandamus quo warranto habeas corpus injunction exclusive concurrent --------This petition for certiorari
under Rule 65 seeks the nullification of Manila City Ordinance No. 8039 alleged to have encroached
upon the functions of the Liga by prescribing, through legislation, the manner of conducting the Liga
elections. HELD: granting arguendo that the present petition is ripe for the extraordinary writ of
certiorari, there is here a clear disregard of the ____ __ ____. No ____ and ____ ____ or ____ and ____
____ has been adduced why direct recourse to the SC should be allowed. SC's original jurisdiction to
issue a writ of ____, as well as of ____, ____, __ ____, ____ ____ and ____ is not ____, but is ____ with
the RTCs and the CA in certain cases.

trier of facts adopted confirmed ABAPO vs. COURT OF APPEALS writ of amparo writ of habeas data
newly discovered evidence --------The Supreme Court is not a ____ __ ____. Thus, factual findings of trial
courts, when ____ and ____ by the Court of Appeals, are binding and conclusive and, generally, will not
be reviewed on appeal (____ __ ____ 2000). Except in petitions for the issuance of a ____ __ ____ and
____ __ ____, the ____ ____ ____ in cases of extrajudicial killings and enforced disappearances may be
admitted by the Supreme Court even if it is not a trier of facts.

Residual jurisdiction protective orders compromises appeals of indigent litigants execution pending
appeal withdrawal of the appeal --------This is the jurisdiction of trial courts available at a stage in which
the court is normally deemed to have lost jurisdiction over the case or the subject matter involved in the
appeal. This stage is reached upon the perfection of the appeals by the parties or upon the approval of
the records on appeal, but prior to the transmittal of the original records or the records on appeal. In
either instance, the trial court still retains this so-called jurisdiction to issue ____ ____, approve ____,
permit ____ __ ____ ____, order ____ ____ ____, and allow the ____ __ __ ____ (KATON vs. PALANCA
2004, citing ZACATE vs. COMELEC 2001).

Residual prerogatives --------Under Section 1 of Rule 9, a court may motu proprio dismiss a claim when it
appears from the pleadings or evidence on record that it has (1) no jurisdiction over the subject matter;
(2) when there is another cause of action pending between the same parties for the same cause, or (3)
where the action is barred by a prior judgment or (4) by statute of limitations (KATON vs. PALANCA
2004, citing GUMABON vs. LARIN 2001).

1 9 motu proprio dismiss no jurisdiction cause of action pending prior judgment statute of limitations ----
----Under Section __ of Rule __, a court has residual prerogative to ____ ____ ____ a claim when it
appears from the pleadings or evidence on record that it has (1) __ ____ over the subject matter; (2)
when there is another ____ __ ____ ____ between the same parties for the same cause, or (3) where
the action is barred by a ____ ____ or (4) by ____ __ ____ (KATON vs. PALANCA 2004, citing GUMABON
vs. LARIN 2001).

General jurisdiction --------AS TO CASES TRIED, courts are classified into courts of ____ ____ if jurisdiction
is exercised over all kinds of cases, except those withheld from the plenary powers of the court.

Limited jurisdiction --------AS TO CASES TRIED, courts are classified into courts of ____ ____ if jurisdiction
is exercised over and extends only to particular or specified cases.

Original jurisdiction --------AS TO NATURE OF THE CAUSE, courts are classified into courts of ____ ____ if
jurisdiction is exercised by courts in the first instance.

Appellate jurisdiction --------AS TO NATURE OF THE CAUSE, courts are classified into courts of ____ ____
if jurisdiction is exercised by a superior court to review and decide cases previously decided by a lower
court now elevated for judicial review.

Exclusive jurisdiction --------AS TO NATURE AND EXTENT OF EXERCISE, courts are classified into courts of
____ ____ if jurisdiction is confined to a particular court to the exclusion of other courts.

Concurrent jurisdiction concurrent exclusion confluent coordinate --------AS TO NATURE AND EXTENT OF
EXERCISE, courts are classified into courts of ____ ____ if jurisdiction pertains to different courts over
the same subject matter at the same time and place. When two or more courts have ____ jurisdiction
over a case, the court which has first validly acquired jurisdiction takes it to the ____ of others (also
referred to as ____ or ____ jurisdiction).

Territorial jurisdiction --------AS TO SITUS, courts are classified as having ____ ____ if jurisdiction is
exercised within the limits of the place where the court is located.

Extra-territorial jurisdiction --------AS TO SITUS, courts are classified as having ____ ____ if jurisdiction is
exercised beyond the confines of the territory where the court is located.

Вам также может понравиться