Remedial Law Review
power to create courts. Thus, it is only Congress which has the power to sole power to do so. Therefore,Congress has plenary power to create courts and define jurisdiction. However, there are limitations.Congress cannot diminish the jurisdiction of the Supreme Court. Neither can Congress undermine thesecurity of tenure of the judges.Judicial power is vested in the courts. How much judicial power is vested in these courts is up tocongress. Which courts exercise which judicial power is also up to Congress.
Features of subject matter jurisdiction:
1.conferred by law2.can be raised at anytime3.to be determined by the allegations of the case4.determined by the allegations in the pleadings, not the evidence5.sometimes is territorial
A shipment of goods by sea from HongKong to Manila is covered by a bill of lading. Theconsignee is unhappy with the shipment. He brings an action against the shipper and the carrier inManila. The stipulation in the contract provides that cases should be filed in HongKong. The defendantsfiled a Motion to Dismiss on the ground that the Manila court has no jurisdiction. Rule on the Motion toDismiss.
Denied. Jurisdiction is vested by law, and the parties cannot stipulate otherwise.Prof. Bautista however adds that there is a case in Private International Law which says that in amulti-state transaction, contracting parties may stipulate the choice of forum.
A shipment of goods by sea from HongKong to Manila is covered by a bill of lading. Theconsignee is unhappy with the shipment. He brings an action against the shipper and the carrier inManila. The stipulation in the contract provides for an arbitration clause. The defendants filed a Motion toDismiss on the ground of failure to comply with condition procedure – arbitration. Rule on the Motion toDismiss.
Denied.If the plaintiff files a case which is premature or fails to exhaust administrative remedies, then thecase can be dismissed for failure to state a cause of action. Since there is no cause of action, the case isnot yet ripe for adjudication.When the plaintiff fails to resort to
according to Supreme CourtAdministrative Circular 14-93, the case can be dismissed for failure to state a cause of action or failure tocomply with condition precedent. However, the Supreme Court also said that the proceedings in courtcan also be suspended. Thus, according to Prof. Bautista, Bengzon v. Chan is probably still good law. If there is no resort to arbitration before the case is brought to court, the court may suspend the caseapplying Supreme Court Administrative Circular 14-93.
What does lack of capacity to sue contemplate?
The general rule is that the court’s lack of jurisdiction over the subject matter can be questioned.There is an exception – estoppel by laches as held in the Tijam case. According to Prof. Bautistahowever, the Tijam case has very peculiar facts. The effect was that the parties conferred jurisdiction bythemselves.
Compiled by mmb