Professional Documents
Culture Documents
Jurisdiction Printable PDF
Jurisdiction Printable PDF
Remedial Law
SUMMER REVIEWER
JURISDICTION
PROCEDURAL LAW
Law that prescribes the
method of enforcing
rights and obtaining
redress for their invasion
No vested rights
SC is empowered to
promulgate procedural
rules by Art VIII of the
Constitution
are needed
to see this picture.
Jurisdiction Over the
Subject
Matter
Jurisdiction over the subject matter is determined
by the allegations made in the complaint
For purposes of determining jurisdiction in civil
actions, the allegations and nature of the
principal action is controlling, not those of
incidental or ancillary claims.
In criminal actions, jurisdiction over the subject
matter is determined by:
Establishes a relation
between the plaintiff and
the defendant
Deals with convenience
Court may not motu
proprio dismiss a case
for improper venue
ERROR OF
JURISDICTION
One where the court,
officer or quasi-judicial
body acts without or in
excess of jurisdiction
JURISDICTION
Power of the court to hear
and decide a case on the
merits
Substantive
Granted by law hence
stipulated
Cannot be waived, except
for jurisdiction over the
person
Establishes a relation
between the court and the
parties and subject matter
Deals with substance
Court may motu proprio
dismiss a case for lack of
jurisdiction
ERROR OF
JUDGMENT
One that the court may
commit in the exercise of
jurisdiction, it include
errors in procedure or
mistakes in the courts
findings
Does not render the
Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G.
Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan
KINDS OF JURISDICTION
1. As to cases tried:
a. General Jurisdiction exercised over all
kinds of cases
b. Limited Jurisdiction confined to particular
cases and exercised only under the limitation
and circumstances prescribed by statute
2. As to nature of the cause:
a. Criminal Jurisdiction for the punishment of
a crime
b. Civil Jurisdiction when the matter is not
criminal in nature
3. As to timing:
a. Original Jurisdiction exercised by courts in
the first instance
b. Appellate Jurisdiction conferred on
superior courts to review and decide cases
tried by inferior or lower courts
4. As to extent of exercise:
a. Exclusive Jurisdiction confined to a
particular tribunal and possessed by it to the
exclusion of all others
b. Concurrent Jurisdiction exercised by
different courts at the same time over the
same subject matter and within the same
territory. Litigants may resort to either court
at the first instance, but the court which first
validly acquired jurisdiction takes it to the
exclusion of all others.
5. As to situs:
a. Territorial Jurisdiction exercised within the
limits of the place where the court is located
b. Extra-territorial Jurisdiction exercised
beyond the confines of the place where the
court is located
DOCTRINE OF JUDICIAL STABILITY OR NONINTERFERENCE
No court has the authority to interfere by injunction
with the judgment of QuickTime
anotherandcourt
of coordinate
a
(Uncompressed) decompressor
jurisdiction or to TIFF
pass
upon
scrutinize and much
are needed
to see or
this picture.
less declare as unjust a judgment of another court
(Industrial Enterprises Inc. vs CA 184 SCRA 426)
Courts of equal rank cannot interfere each others
orders.
Page 2 of 289