JURISDICTION

- The right of the state to exercise authority over persons and things within
its boundaries, subject to certain exceptions.

 Judicial Jurisdiction- is the power or authority of a court to try a case, render

judgment and execute it in accordance with law.

 Legislative Jurisdiction- the ability of the state to promulgate laws and

enforce them on all persons and property within its territory.

TYPES OF JURISDICTION

1. Jurisdiction over the subject-matter:

o The power to hear and determine cases of the general class to which the
proceeding in question belong and is confirmed by the sovereign authority
which organizes the court and defines its powers.
o It is conferred by law, not by consent of the parties or voluntary submission.
o It is the allegation in the petition or complaint that will invest the court with
the power to hear and determine the case.
 If the allegations in the complaint shows a prima facie lack of
jurisdiction- DISMISS
 If on the complaints face, there is a presence of jurisdiction-
Proceed with TRIAL
 If evidence show lack of jurisdiction- DISMISS THE CASE

2. Jurisdiction over the Person:

o Competence or power of a court to render a decision that will bind the
parties to the suit.

3. Jurisdiction over the Plaintiff:

o Acquired from the moment he invokes the aid of the court and voluntarily
submits himself by institution of the suit through proper pleadings.

4. Jurisdiction over the Defendant:

o Acquired when he enters his appearance or by the coercive power of legal
process exerted by the court over him.

Under Rule 14 of Revised Rules of Court

 Sec. 6. Service in person on defendant. – Whenever practicable, the summons
shall be served by handing a copy thereof to the defendant in person, if he refuses to
receive and sign for it, by tendering it to him.
Sec. 7. Substituted Service.- If, for justifiable causes, the defendant cannot be
served within a reasonable time as provided in the preceding section, service may
be effected (a) by leaving copies of the summons at the defendant’s dwelling house
or residence therein, or (b) by leaving the copies at defendant’s office or regular
place of business with some competent person in charge thereof.

5. Jurisdiction over the Res:

o Jurisdiction over the res or thing is jurisdiction over the particular subject-
matter in controversy, regardless of the persons who may be interested
therein.
o Where the action is in rem jurisdiction, the situs could “bind the world” and
not just the interest of specific persons. The basis for the exercise of
jurisdiction is the presence of property within the territorial jurisdiction of
the forum.
o An action affecting the personal status of the plaintiff is classified as an
action quasi in rem

Jurisdiction in the Due Process Clauses

Proceeding in rem- service of summons by publication is sufficient because the case

is enforced against the rest of the world.

Proceeding in personam- personal service of summons or voluntary appearance of

the defendant, by himself or counsel is required.

Proceeding quasi in rem- summons by publication is sufficient.

A state does not have jurisdiction in the absence of some reasonable basis for
exercising it, whether the proceeding are in rem, quasi in rem or personam. To be
reasonable, jurisdiction must be based on some minimum contacts that will not
offend traditional notions of fair play and substantial justice.

Ways of disposing of conflict cases:

How to deal with a problem in Conflict of Laws?

a. Fist, determine whether the court has jurisdiction.

If Yes- whether it should assume jurisdiction over the case or Dismiss it on

the ground of forum non conveniens.

If No- the case should be dismissed on that ground.

 Doctrine of FORUM NON CONVENIENS

Even if the court assumes jurisdiction over the parties and the subject
matter, it may decline to try the case on the ground that the controversy may
be more suitably tried elsewhere.

-American courts have applied the doctrine in order to prevent abuse of the
court’s process.
- Another reason for the rule is to avoid global forum shopping, which is the
filing of repetitious suits in courts of different jurisdiction.

It is the law of the forum that determines whether the court has jurisdiction
or not over the case.

b. Once the court has determined whether it has jurisdiction over the case, it
will next determine whether to apply the INTERNAL LAW OF FORUM or the
proper foreign law, considering the attendant circumstances.

A court may choose to assume jurisdiction over a conflict problem and apply
forum or foreign law. However, since the basic law is the law of the forum, it should
be applied whenever there s a good reason to do so.

The presence of any one of the following factors would justify the application
of internal law:
1. A specific law of the forum decrees that internal law should apply;
2. The proper foreign law was not properly pleaded and proved; or
3. The case falls under any of the exceptions to the application of foreign
law.

Forum law decrees application of internal law.

- Our civil code specifies when our court has to apply forum law.

Forum law was not properly pleaded and proved.

- Forum law should be applied when there is failure to plead and prove the
pertinent foreign law.
- Our courts may not take judicial cognizance of any foreign law; hence,
failure to plead and prove foreign law leads to the presumption that it is
the same as forum law.

Foreign law cannot be applied

Forum law should be applied if the case falls under the exceptions to the
application of the foreign law. These exceptions are:

1.) when the foreign law is contrary to an important public policy of the forum;
2.) when the foreign law is penal in nature
3.) when the foreign law is procedural in nature
4.) when the foreign law is purely fiscal or administrative in nature;
5.) when the application of foreign law will work undeniable injustice to the
citizens of the forum
6.) when the case involves real or personal property situated in the forum;
7.) when the application of the foreign law might endanger the vital interest of
the state;
8.) when the foreign law is contrary to good morals.