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CIVIL PROCEDURE REMEDIAL LAW PART 1: JURISDICTION
Power of the court to hear an action or proceedings, and to render a judgment thereon which will bind the parties to such action/ proceeding.
Judicial power includes the duty of the courts of justice:
[Art 8, Sec. 1, Consti]
To settle actual controversies involving rights which are legally demandable and enforceable; 2)
To determine WON there has been a GADALEJ on the part of any government branch/instrumentality.
I. PRESCRIBED JURISDICTION
Jurisdiction over a particular subject matter.
Conferred only by the Constitution or by law.
Determined by the allegations in the complaint.
An error in jurisdiction can be raised at any time and even for the first time on appeal.
[David v. Cordova (2005)]
Cannot be waived; Judgment without jurisdiction is void.
Jurisdiction by estoppel.
[Soliven v. Fastforms (2004)]
To prohibit parties from accepting judgments of court only if favorable to them.
Cannot be the subject of compromise
[Art. 2035, CC]
Once attached to a court, cannot be ousted by subsequent statute.
The statute itself conferring new jurisdiction expressly provides for retroactive effect.
[Southern Food v. Salas (1992)]
The filing of the complaint or appropriate initiatory pleading and the payment of the prescribed docket fee vest a trial court with jurisdiction over the subject matter or the nature of the action.
The court may allow payment of the fee within a reasonable time, but in no case beyond the applicable prescriptive period.
[IBP v. Legasto (2006)]
II. SPECIFIC JURISDICTION
The judicial power shall be vested in one SC and in such lower courts as may be established by law.
[Art. 8, Sec. 1, Consti]
[Art. 8, Sec. 5, Consti]
Have original jurisdiction over: a)
Cases affecting ambassadors and other public ministers and consuls; b)
Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus
Review/revise/reverse/modify/affirm on appeal or certiorari, final judgments/orders of lower courts on: a)
Constitutionality/validity of any treaty, international or executive agreement, law, presidential decree/proclamation/order/ instruction, ordinance or regulation; b)
Legality of any tax/impost/assessment/toll, or any penalty imposed in relation thereto; c)
Any lower court’s jurisdiction; d)
Criminal cases where the penalty imposed is
reclusion perpetua or higher; e)
Only errors/questions of law are involved.
[Josefa v. Zhandong (2003)]
The conclusion is grounded on speculations/surmises/conjectures; (2)
The inference is manifestly mistaken/absurd/impossible; (3)
There is GAD; (4)
The judgment is based on a misapprehension of facts; (5)
The findings of fact are conflicting; (6)
There is no citation of specific evidence on which the factual findings are based; (7)
The finding of absence of facts is contradicted by the presence of evidence on record; (8)
The CA’s findings are contrary to those of the trial court; (9)
The CA manifestly overlooked certain relevant and undisputed facts that, if properly considered, would justify a different conclusion; (10) The CA’s findings are beyond the issues of the case; (11) The CA’s findings are contrary to the admissions of both parties. 3)
Temporarily assign judges of lower courts to other stations as public interest may require, which shall not 6 six months without the consent of the judge concerned. 4)
Order a change of venue or place of trial to avoid a miscarriage of justice. 5)
Promulgate rules on: a)
Protection and enforcement of constitutional rights; b)
Pleading/practice/procedure in all courts; c)
Admission to the practice of law; d)
The integrated bar; e)
Legal assistance to the under-privileged.
Guidelines on the rules: (1)
Simplified and inexpensive procedure for the speedy disposition of cases; (2)
Uniform for all courts of the same grade;