Jurisdiction

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

Aspects of Jurisdiction:
1. over the subject matter
2. over the parties
3. over the issues of the case
4. over the res or thing

Error of Jurisdiction
Is one where the act complained of was issued by the court without or in
excess of jurisdiction.

Lack of jurisdiction - when the court or tribunal is not vested by law with
authority or power to take cognizance of a case.

Excess of jurisdiction presupposes the existence of an authority for the court
to assume jurisdiction over a case but in the process of the exercise of that
authority, it acts beyond the power conferred upon it.

Consequences of the rule that jurisdiction is conferred by law
1. granted by the agreement of the parties
2. acquired, waived, enlarged or diminished by any act or omission of the
parties
3. conferred by the acquiescence of the courts

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

Law governs jurisdiction the established general rule it that the statute in
fore at the time of the commencement of the action determines the jurisdiction
of the court.

Doctrine of primary jurisdiction
The courts cannot and will not resolve a controversy involving a question
within the jurisdiction of an administrative tribunal, especially when the
question demands the sound exercise of administrative discretion requiring
knowledge, experience and services of the administrative tribunal to determine
technical and intricate matters of fact.

Omnibus motion rule
Motion attacking a pleading, order judgment, or proceeding shall include
all objections then available, and all objections not so included shall be deemed
waived.


Objections to jurisdiction over the person of the defendant raised as a
ground for motion to dismiss. If no motion to dismiss has been filed, the
objection may be pleaded as an affirmative defense in the answer.
Defenses:
1. that the court has no jurisdiction over the subject matter
2. there is no another action pending between the same parties for the
same cause
3. that the action is barred by a prior judgment
4. that the action is barred by the statute of limitations

Jurisdiction of the SC

Exclusive original jurisdiction
1. CA
2. Comelec
3. COA
4. SB
5. CTA
Concurrent original jurisdiction
1. RTC
2. CSC
3. CBAA central board of assessment appeals
4. NLRC
5. Other quasi-judicial agencies

Original cases cognizable by the SC
1. petition for certiorari
2. prohibition
3. mandamus
4. quo warranto
5. habeas corpus
6. disciplinary proceedings against members of the judiciary and
attorneys
7. case affecting ambassadors, other public ministers and consuls

Jurisdiction of the CA shall exercise the ff. cases:
1. exclusive original jurisdiction in actions for the annulment of the
judgements of the RTC
2. Concurrent original jurisdiction with the SC to issue a writs of certiorari,
prohibition and mandamus against the
a. CBAA b. RTC c. CSC d. other quasi-judicial agencies

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 transactions.

Venue
Is the place or the geographical area in which a court with jurisdiction
may hear and determine a case

Venue is procedural and not substantive. In civil cases venue is not a
matter of jurisdiction (Heirs of Lopez v. de Castro)
Venue distinguished from Jurisdiction
1. jurisdiction is the authority to hear, try and decide a case; venue is the
place where the case is to be heard or tried
2. jurisdiction is of substantive; venues is of procedural law
3. jurisdiction establishes relation between the court and subject matter;
venue between defendant and plaintiff or petitioner and respondent
4. jurisdiction is fixed by law cannot be conferred by parties; venue may be
conferred by the act or agreement of the parties

Chapter 3

Action
is the legal and formal demand of ones right from another person made
and insisted upon in a court of justice.

Real action when it affects a title or possession of real property; all other
actions are personal

Actions of Quasi in rems is one wherein an individual is named as defendant
and the purpose of the proceeding is to subject his interest therein to the
obligation or lien burdening the property.

Examples:
1. action for partition
2. action for accounting

cause of action is the act or omission by which a party violates the rights of
another.

Elements of cause of action
1. a right in favor of the plaintiff by whatever means and under whatever
law it arises or is created
2. an obligation on the part of such defendant in violation of the right of the
plaintiff or constituting a breach of the obligation of the defendant to the
plaintiff for which the latter may maintain an action for recovery of
damages

a complaint sufficiently alleges a cause of action for unlawful detainer if it
recites the ff:
1. initially, possession of property by the defendant was by contract with or
by tolerance of the plaintiff;
2. eventually, such possession became illegal upon notice by plaintiff to
defendant of the termination of the latters right of possession;
3. thereafter, the defendant remained in possession of the property and
deprived the plaintiff of the enjoyment thereof;
4. within one year from the last demand on defendant to vacate the
property, the plaintiff instituted the complaint for ejectment



cause of action for malicious prosecution
1. the prosecution did occur and the defendant was himself the prosecutor
or that the instigated its commencement
2. the criminal action finally ended with an acquittal
3. in bringing the action, the prosecutor acted without probable cause
4. the prosecution was impelled by legal malice and improper or a sinister
moves.

Splitting a single cause of action is the act of instituting two or more suits for
the same cause of action

Three test to ascertain whether two suits relate to a single or common
cause of action
1. whether the same evidence would support and sustain both the first and
second causes of action
2. whether the defense in one case may be used to substantiate the
complaint in the other
3. whether the cause of action in the second case existed at the time of the
filing of the first complaint

who may be parties (civil action)
1. natural persons
2. juridical persons
3. entities authorized by law

indispensable party
is a real party-in-interest without whom no final determination can be
had of an action.
- who has such an interest in the controversy or subject matter that a
final adjudication cannot be made, in his absence without injuring that
interest

a person is not an indispensable party, if his interest in the controversy or
subject matter is separable from the interest of the other parties