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JURISDICTION IN GENERAL

JURISDICTION vs. EXERCISE OF


JURISDICTION
The word JURISDICTION is derived from 2
Latin words: 1.) JURIS – law; 2.) DICO – to Now, let us not confuse jurisdiction with
speak, or to say. So, in effect, when you say certain terms related to it.
jurisdiction, literally translated, it means, “I
speak by the law.” It means that you are saying “I Q: Distinguish jurisdiction from exercise of
speak with authority” because when you invoke jurisdiction.
the law, then your act is authorized. Even in old A: The authority to decide a case, not the
times when the representatives of the king or the decision rendered, is what makes up
sovereign will try to arrest somebody or will try jurisdiction. It does not depend upon the
to enter your house, they open up in the name of regularity of the exercise of that power or upon
the law. They will always invoke “in the name the rightfulness of the decision made. Where
of the law.” there is jurisdiction over of the person and
subject matter, the resolution of all other
So when you say, “I speak by the law” I will questions arising in the case is but an exercise of
do it in the name of the law. It connotes jurisdiction. (Herrera vs. Barreto, 25 Phil. 245)
authority or power. You cannot be wrong. How
can you be wrong if you are doing it in the name In other words, JURISDICTION is the
of the law? So more or less jurisdiction simply authority. If I have no authority, I cannot act.
means authority or power. So more or less that And if I have authority, I can act. Now, if the
is the whole concept of jurisdiction. It simply court has authority, it will try the case and
means authority or power. That is precisely render judgment.
what jurisdiction is all about.
Now, what the court will do later, like try
JURISDICTION simply means the power of the case and render judgment is merely an
the court to hear try and decide a case. In its EXERCISE OF ITS JURISDICTION. So the trial
complete aspect, jurisdiction includes not only and judgment are all products of the exercise of
the powers to hear and decide a case, but also jurisdiction. You cannot talk of exercise without
the power to enforce the judgment. (14 Am. Jur. having first the authority. It is a useless
363-364) procedure when you say “I will exercise
something which I do not have.”
Q: What is the effect if the court has no
jurisdiction? Q: Why is it important to distinguish
A: If a court has no jurisdiction, it has no jurisdiction from exercise of jurisdiction?
power or authority to try a case and that is a A: Definitely, a court acting as such may
concept you already know in Criminal commit errors or mistakes. That is why the
Procedure. Without jurisdiction, the trial is null action of the court can be questioned later in a
and void as well as the judgment. higher court. A court can commit an error which
is either an error of jurisdiction or an error of
Let’s go to a criminal case. Can you file an judgment.
information for murder before the MTC? Or can
you file an information for slight physical EXAMPLE: A case of murder was filed in
injuries before the RTC? There is something the MTC. The accused, Ken Sur, files a motion to
wrong there. If a slight physical injury case is quash because MTC has no jurisdiction over
filed against you in the RTC, what will you do? cases of murder. Eh, ‘yong judge iba man ‘yong
If I’m the lawyer of the accused why will I allow libro niya, “No, I have jurisdiction.” So the court
my client to be arraigned and to be tried when denied the motion to quash. Meaning, the judge
everything is null and void. Kapoy-kapoy lang has decided to assume jurisdiction. So, meaning
ako. So I’ll file a motion to quash under Rule from the very start mali na. Now what do you
117. That’s the same thing in civil cases. If you call that? When the court without authority
file a civil case before a court that has no assumes authority over the case that is called
jurisdiction, then it can be dismissed for lack of ERROR OF JURISDICTION – the court
jurisdiction. committed an error of jurisdiction.

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jurisdiction.
EXAMPLE: Suppose the case for murder is
filed in the RTC where the court has jurisdiction. Now, suppose a court has jurisdiction over
So walang mali, everything is correct. But in the the case but the decision is wrong – it applied
course of the trial, you cannot avoid mistakes the wrong provision of the law, or interpretation
being committed like for example, the court of evidence. This is not an error of jurisdiction
misinterpreting the provision of the RPC saying because the court has authority. But in the
that this is a requirement, this is not a exercise of its jurisdiction, it committed several
requirement for the crime. Meaning errors. This is now what you call an error of
misapplication or misinterpretation of the RPC judgment.
as well as misinterpretation of the rules of
evidence – wrong interpretation of the law. And Q: What is the use of distinguishing error of
the accused was convicted but actually tingin jurisdiction from error of judgment?
mo mali man ito, di ba! Under the law, this A: The difference is in the remedy taken.
elements was not considered or this element Actually, it is still an error. If it is an error, it can
was considered as present. Do you say the be corrected by a higher court. The importance,
decision of the judge is null and void? NO, the however, as we will see later, is that there is a
judgment is valid kaya lang mali. So, you do not definite procedure for correcting a mistake and
say the court committed an error in the exercise other procedures which we will know later
of jurisdiction, and that is called an ERROR OF where the court commits an error of judgment
JUDGMENT. And that was also asked in the and an error of jurisdiction.
bar.
In error of judgment, if the judgment is
wrong, it is a valid judgment. Your remedy is to
ERROR OF JURISDICTION vs. ERROR APPEAL the wrong judgment to a higher court.
OF JUDGMENT But when a court commits an error of
jurisdiction, where it insists on handling a case
BAR QUESTION: Distinguish ERRORS OF when it has no authority, I can question its
JURISDICTION from ERRORS OF JUDGMENT. actuation not necessarily by appeal, but by
resorting to “extraordinary remedies,” which
A: The following are the distinctions: refer to the remedy of CERTIORARI or
1.) When a court acquires jurisdiction PROHIBITION. (Araneta vs. Commonwealth
over the subject matter, the Ins. Co., L-11584, April 28, 1958; Nocon vs.
decision or order on all other Geronimo, 101 Phil. 735)
questions arising in the case is
but an exercise of jurisdiction; The principle came out in the bar. This error
Errors which the court may should have been raised on ordinary appeal, not
commit in the exercise of such by certiorari because certiorari is only confined
jurisdiction are merely ERRORS to correcting errors of jurisdiction or grave
OF JUDGMENT; whereas, abuse of discretion. The governing rule is that
When a court takes cognizance of a the remedy of certiorari is not available when
case over the subject matter of the remedy of appeal is available. And when the
which it has no jurisdiction, the remedy of appeal is lost, you cannot revive it by
court commits an ERROR OF resorting to certiorari because certiorari is not a
JURISDICTION. substitute for the lost remedy of appeal.

2.) ERRORS OF JURISDICTION are So, the remedies given by the law are
reviewable by certiorari; different. These are basic terms which you
whereas, should remember.
ERRORS OF JUDGMENT are
reviewable by appeal. Q: In whom is jurisdiction is vested?
A: Jurisdiction is vested with the court, not
Meaning, when a court has no jurisdiction in the judge. A court may have several branches,
but insists in handling the case, that is a mistake and each is not a court distinct and separate
by the trial court. It is called an error of from the others. So, when a case is filed before a

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branch, the trial may be had or proceedings may studying the jurisdiction of
continue before another branch or judge. the different courts, in civil
(Tagumpay vs. Moscoso, L-14723, May 29, 1959) cases you will see that the
jurisdiction of some courts
EXAMPLE: The RTC of Davao is composed like the RTC, masyadong far
of several branches – eleven to twelve judges. ranging. It covers many
But technically, there is only one court – the RTC things whereas the
of Davao. We do not consider branches as jurisdiction of the MTC,
separate courts. makipot. Very narrow bah
because it is a court of limited
Q: Now, if the case is filed and is assigned to or special jurisdiction.
Branch 8, can that case later be transferred and
continued in Branch 9?
A: Ah YES, because you never leave the 2. ORIGINAL JURISDICTION and
same court. You are still in the same court. This APPELLATE JURISDICTION
is because jurisdiction is not with the judge. It is
with the court itself. a.) ORIGINAL JURISDICTION is the
power of the court to take
cognizance of a case at its inception
TYPES OF JURISDICTION: or commencement. (Ballentine’s
Law Dict., 2nd Ed., pp. 91 and 917)
Types of jurisdiction: One can file the case there for the
1.) General Jurisdiction and Special or first time.
Limited Jurisdiction;
2.) Original Jurisdiction and Appellate b.) APPELLATE JURISDICTION is the
Jurisdiction; and power vested in a superior court to
3.) Exclusive Jurisdiction and review and revise the judicial action
Concurrent or Coordinate of a lower court. (Ballentine’s Law
Jurisdiction; Dict., 2nd Ed., pp. 91 and 917) If one
court has the power to correct the
1. GENERAL JURISDICTION and SPECIAL decision of a lower court, the power
OR LIMITED JURISDICTION of this court is appellate. This is
because it commenced somewhere
a.) GENERAL JURISDICTION is the else and it is just reviewing the
authority of the court to hear and decision of the said lower court.
determine all actions and suits,
whether civil, criminal, EXAMPLE: Maya Quitain
administrative, real, personal or will file a civil case in the RTC
mixed. It is very broad – to hear and and that court will take
try practically all types of cases. (14 cognizance and try it. You are
Am. Jur. 249; Hahn vs. Kelly, 34 Cal. invoking the original
391) jurisdiction of the RTC. After
trial, Maya lost the case, so
b.) SPECIAL or LIMITED Maya decided to appeal the
JURISDICTION is the authority of decision of the RTC to the CA.
the court to hear and determine The case is now there. It is
particular cases only. Its power is now in the CA and you are
limited. (14 Am. Jur. 249; Hahn vs. now invoking its appellate
Kelly, 34 Cal. 391) jurisdiction.

So, the court is authorized


to hear and try certain 3. EXCLUSIVE JURISDICTION and
specified cases. Limitado pa CONCURRENT OR COORDINATE
ang power niya. And when JURISDICTION
you go over the Judiciary Act,

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a.) EXCLUSIVE JURISDICTION is that palang original jurisdiction.
possessed by a court to the Ito palang CA also has
exclusion of all others. original jurisdiction. Ang RTC
obviously is more of an
Q: Sugar JJ filed a original court than an
collection case against John appellate court.
Vera, for an unpaid loan of
P5,000. The judiciary law says, Q: Are there certain types
if you file a civil case to collect of cases or petitions where I
an unpaid loan below can file it directly with the SC
P200,000, you should file it or file with the CA or file it
with the MTC. Can Sugar JJ with the RTC?
file it in the RTC? A: YES and the best
A: NO. Therefore the example is a petition for
jurisdiction of the MTC is HABEAS CORPUS. The SC,
EXCLUSIVE. It does not share CA and RTC share concurrent
its power with other courts. jurisdiction to entertain
petitions for habeas corpus.
b.) CONCURRENT or COORDINATE Makapili ka. I-file mo SC,
JURISDICTION is that possessed by puwede. Kung gusto mo sa
the court together with another or CA, puwede din. Kung i–file
other courts over the same subject mo sa RTC, puwede. In effect,
matter, the court obtaining these are the instances when
jurisdiction first retaining it to the the SC, CA and RTC exercise
exclusion of the others, but the concurrent jurisdiction.
choice of court is lodged in those
persons duly authorized to file the
action. (Villanueva vs. Ortiz, 58 O.G.
1318, Feb. 12, 1962) ELEMENTS OF JURISDICTION IN CIVIL
CASES
Example: Thaddeus
Tangkad wants to file a case
or petition in court. Then, he In your study of criminal procedure where
looks at the law and the law you also studied the law on jurisdiction, there
says that you can file it in this are also some elements of jurisdiction in
court or, kung ayaw mo criminal cases. Otherwise, the proceeding will
diyan, puwede din dito, diyan be illegal. Jurisdiction over the subject matter;
or doon – Thaddeus Tangkad Jurisdiction over the person of the accused; and
can file it in this court or in the third is territorial jurisdiction, i.e. the case
other courts. Therefore, he has should be filed in the place where the crime was
the right to choose where to committed. In civil cases meron din iyong
file. So if Thaddeus files it in counterpart.
court #2, and it assumes now
jurisdiction, out na ang court Q: What are the elements of jurisdiction in
#1 and court #3. If he files it civil cases?
in court #3, out na yong #1 A: The following:
and #2. Now this is what you a.) Jurisdiction over the subject matter ;
call CONCURRENT b.) Jurisdiction over the person of the
jurisdiction because you can parties to the case;
file the case in two courts or c.) Jurisdiction over the res; and
more at your choice. d.) Jurisdiction over the issues.

Now, last time we were Q: Now, what happens if in a particular case


classifying courts and you one of these is missing?
learned that the SC is meron

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A: The proceedings become questionable. that we will file the case by agreement in the
The proceedings become void. The judgment is MTC.” By agreement, doon sa MTC natin i-file.
not binding. That is the effect of lack of Did the MTC acquire jurisdiction over the case
jurisdiction. The proceedings are tainted with because the parties agreed?
illegality and irregularity. Alright, let’s go over A: NO, agreements between parties cannot
them one by one. change the law. Jurisdiction is conferred by law,
not by agreements of the parties. Jurisdiction
A. JURISDICTION OVER THE SUBJECT over the subject matter cannot be agreed upon.
MATTER It is acquired by or conferred to the court by law
– either the Constitution or the Judiciary Law.
Q: Define jurisdiction over the subject The parties cannot agree to have the case
matter. submitted to another court.
A: Jurisdiction over the subject matter is the
power of the court to hear and determine cases Q: Now, suppose I will file a case against
of the general class to which the proceedings in you in a wrong court. Ikaw naman hindi ka
question belongs. (Banco Español-Filipino vs. kumibo. Actually what you should do there is
Palanca, 37 Phil. 291) file a motion to dismiss (or in criminal cases a
motion to quash.) But hindi ka nagkibo “Sige
In other words, it is the jurisdiction over the lang. I will not complain.” So is it okey? Since you
nature of the action. Now, you know already the did not object, you did not file a motion to
various types of civil cases such as actions for dismiss, you did not file a motion to quash, did
nullity of marriage, action publiciana, action the ‘wrong’ court acquired jurisdiction over the
reivindicatoria, etc. This is what we call the case?
NATURE OF THE ACTION. A: NO. Jurisdiction cannot be conferred by
silence of the parties or by waiver. Estoppel or
Now, if the nature of the subject matter of waiver or silence or failure to object cannot vest
the action, e.g. annulment of marriage, where jurisdiction in the wrong court because
will you file it? It should not be filed in the jurisdiction over the subject matter is conferred
wrong court or else it will be dismissed. The by law. And when the court has no jurisdiction,
counterpart of that in Criminal law is e.g. the court by itself has the power to dismiss,
offenses punishable by death penalty cannot be “Why will I burden myself for trying a case,
tried with the MTC. Annulment cases should when I have no jurisdiction?”
be filed in the RTC otherwise it will be
dismissed for lack of jurisdiction over the The ONLY exception is when there is
subject matter. estoppel by laches, as laid down in tile TIJAM
vs. SIBONGHANOY (April 15, 1968). The issue
Q: How is jurisdiction over the subject of jurisdiction was not questioned for an
matter acquired or conferred? unreasonable length of time. BUT the rule is, it
A: Jurisdiction over the subject matter is can be raised at any stage of the proceeding
conferred by law and is never acquired by even for the first time on appeal. And even the
consent or submission of the parties or by their parties may not raise it, the court motu propio has
laches. This is a matter of legislative enactment the authority to dismiss it.
which none but the legislature can change.
(MRR Co. vs Atty. Gen. 20 Phil. 523; Otibar vs. Q: How is jurisdiction over the subject
Vinson, L-18023, May 30, 1962) It cannot be matter determined?
acquired by an agreement between the parties, A: It is determined by the allegations of the
waiver, failure to object (silence). complaint. It does not depend upon the pleas or
defenses of the defendant in his answer or
Q: Now, suppose I want to file a case against motion to dismiss. (Cardenas vs. Camus, L-
you and under the law that should be filed in 19191, July 30, 1962; Edward J. Nell Co. vs.
the RTC. But both of us believe that the judges Cubacub, L-20842, June 23, 1965; Serrano vs.
of the MTC like Judge Cañete knows more, he is Muñoz Motors, L-25547, Nov. 27, 1967)
more competent than the other judge there.
“Maganda siguro dito na lang tayo sa MTC.” “O B. JURISDICTION OVER THE PERSON
sige, we sign an agreement, magpirmahan tayo

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Q: Define jurisdiction over the person. complaint. Upon filing his complaint in court, he
A: Jurisdiction over the person is the power is automatically within the jurisdiction of the
to render a personal judgment through the court. (MRR Co. vs Atty. Gen. 20 Phil. 523)
service of process or by voluntary appearance of
a party during the progress of a cause. (Banco Q: How does the court acquire jurisdiction
Español-Filipino vs. Palanca, 37 Phil. 291) over the defendant?
A: Jurisdiction over the person of the
Q: In criminal cases, how does the court defendant is acquired:
acquire jurisdiction over the person of the 1.) upon service on him of coercive
accused? process in the manner provided by
A: By having him (1) arrested; (2) by service law; or
of the warrant of arrest; or (3) by his voluntary 2.) by his voluntary submission to the
surrender. jurisdiction of the court. (MRR Co.
vs Atty. Gen. 20 Phil. 523)
Q: Even if he is not arrested, can the court
try an accused without the accused being First Instance: UPON SERVICE ON HIM OF
arrested? COERCIVE PROCESS
A: Of course not, because the court has not IN THE MANNER PROVIDED BY LAW
acquired jurisdiction over his person. Arestuhin
mo muna. Then puwede siyang mag-bail kung The first instance when a court acquires
gusto niya. After na-arrest, naglayas, nagsibat? jurisdiction over the person of the defendant is
Bahala ka i-try in absentia. There will be a valid through a service upon him of the appropriate
decision because the court has already acquired court process which in civil law is called service
jurisdiction. Of course we cannot enforce the of summons. This is the counterpart of warrant of
decision until we caught him. Pero pagnahuli, arrest in criminal procedure.
ka diretso ka na sa prisuhan. You say, “I was not
able to give my side. I was not able to confront and So if the defendant was never served with
cross-examine the witness against me.” Eh, bakit ka summons, any judgment rendered by the court
naglayas? Pasensiya ka! That’s the concept of will not bind him. Even if he is the loser in the
trial in absentia. But for trial in absentia to case, judgment cannot be enforced because the
proceed in criminal cases, you must first arrest court did not acquire jurisdiction over his
him. You cannot try him without being arrested. person.
You must arrest him and arraign him first. The
same thing in civil cases. It must be that the The same principle holds true in criminal
court must acquire jurisdiction over this person. cases. A court cannot try and convict an accused
over whose person the court never acquired
Normally, when we say jurisdiction over the jurisdiction. In criminal cases, the court acquires
parties, we are referring to the PLAINTIFF – the jurisdiction over the person through the
one suing, and the DEFENDAN'T – the one issuance of a warrant of arrest. The warrant
being sued. For the decision to be valid, the cannot have its effect even if it was issued, if the
court must obtain jurisdiction over the person of same had not been served, i.e. by effecting the
the plaintiff and the defendant. Otherwise, the arrest of the accused by virtue of a warrant.
decision will not bind the parties over whom the
court has not acquired jurisdiction. Q: In criminal cases, how can the warrant of
arrest be effected?
That is why jurisdiction over the parties is A: Once an information has been filed in
the power of the court to render a personal court, the court issues a warrant. Then, the
judgment which will bind the parties to the case. arresting officer will arrest the accused. The
What is the use of rendering a decision if the court acquires jurisdiction by ENFORCEMENT
parties are not bound? It must have effect. OF SERVICE for effective arrest of the accused
pursuant to the warrant of arrest.
Q: How does the court acquire jurisdiction
over the plaintiff? Second Instance: BY HIS VOLUNTARY
A: Jurisdiction over the person of the SUBMISSION TO THE
plaintiff is acquired from the moment he files his JURISDICTION OF THE COURT

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Q: A and B quarreled over a piece of land.
Another way to acquire jurisdiction over the What is the res of the case?
person of the accused even if the accused is not A: The piece of land is the res of the case.
arrested is through VOLUNTARY
SURRENDER. Since there is no more need for Q: However, res may not be tangible. For
the warrant, the court will recall the same. In example, Weng Kolotski is an illegitimate child.
civil cases, it is the voluntary submission of the She wants to be acknowledged by her father.
defendant to the jurisdiction of the court. Thus, she filed a case against her father for
compulsory recognition. What is the res?
Q: Defendant was served with summons A: The res is the status of the child because it
improperly or irregularly therefore, he could is the object of the litigation.
question the jurisdiction of the court over his
person. But instead, he did not question the Q: Why is jurisdiction over the res
jurisdiction of the court despite the defective important?
service of court process. Did the court acquire A: Sometimes it is a substitute for
jurisdiction over the person of the defendant? jurisdiction over the person. There are instances
A: YES, because jurisdiction over the person when the court cannot acquire jurisdiction over
can be acquired by: the defendant like when he is abroad. But if the
a.) waiver; court acquires jurisdiction over the res, the case
b.) consent; or may go on. Even if the court cannot acquire
c.) lack of objection by the defendant. jurisdiction over the person of the defendant,
(MRR Co. vs. Atty. Gen. 20 Phil. jurisdiction over the res becomes a substitute
523) over the person.

This is unlike the jurisdiction over subject EXAMPLE: Even if the defendant is a non-
matter wherein the case could be dismissed resident who is out of the country and the object
upon filing in the wrong court. The SC said that of litigation is here in the Philippines, then
when you remained silent despite the defects, acquisition of jurisdiction over the res confers
your silence has cured the defect. Meaning, the jurisdiction to the court even if the defendant is
jurisdiction over your person was acquired by abroad. The res here is where the judgement can
waiver, or consent, or lack of objection. be enforced.

Q: Distinguish jurisdiction over the subject That is why in Rule 14, there is an
matter from jurisdiction over the person of the extra-territorial service of summons. But based
defendant? on a SC ruling, the extra-territorial service of
A: Lack of jurisdiction over the person of the summons is not for the purpose of acquiring
defendant may be cured by waiver, consent, jurisdiction over the person of the defendant but
silence or failure to object, whereas jurisdiction is merely how to comply with the due process
over the subject matter cannot be cured by clause.
failure to object or by silence, waiver or consent.
(MRR Co. vs. Atty. Gen. 20 Phil. 523)
D. JURISDICTION OVER THE ISSUES
C. JURISDICTION OVER THE RES
Q: Define jurisdiction over the issues.
RES is the Latin word for “thing.” A: Jurisdiction over the issue is the authority
to try and decide the issues raised by the
Q: Define jurisdiction over the res. pleadings of the parties. (Reyes vs. Diaz, 73
A: Jurisdiction over the res is that acquired Phil. 484)
by the court over the property or the thing in
contest, and is obtained by seizure under legal Q: What are pleadings?
process of the court whereby it is held to abide A: They are governed by Rule 6.
such order as the court may make. (Banco
Español-Filipino vs. Palanca, 37 Phil. 291) Rule 6, Section 1 - Pleadings
are the written allegation of the
parties of their respective claims

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and defenses submitted to the around, and the last is jurisdiction over the
court for trial and judgment. issue.

In a civil case, the parties before the trial file Q: Distinguish jurisdiction over the subject
in court pleadings. That is where you state your matter and jurisdiction over the issues.
position. A: The following are the distinctions:

EXAMPLE: Francis “Paloy” Ampig will sue 1.) Jurisdiction over the subject matter
you to collect a loan. So Paloy will file a is the power to hear and try a
complaint in court. That is a pleading. Then particular case, while
you have to answer Paloy’s complaint in court. Jurisdiction over the issues is the
You say that you do not owe him anything power of the court to resolve
because you already paid him. So you prepare legal questions involved in the
your answer in writing in court and that is also case;
called a pleading. Based on what Paloy said in 2.) Jurisdiction over the subject matter
his complaint and your answer, we will now is acquired upon filing of the
know what they are quarreling about. complaint, while
Jurisdiction over the issues of the
For example: Paloy says you case is acquired upon filing of
borrowed money, you never paid him. the answer which joins the
Now according to your answer, “No. I issues involve in the case.
already paid him.”
EXAMPLE: I am the plaintiff, I
Q: Now what is the issue? will file a case in court to collect an
A: The issue is, whether the obligation still unpaid loan. From the moment I
existing or is it already extinguished by file the case, the court has acquired
payment. So that is the issue. So that is where jurisdiction over the subject matter.
we will know what we will try in this case. Now, you are summoned. File ka
naman ng sagot mo, “Wala akong
Q: Suppose after the trial, the court said that utang, bayad na.” Then the court
the obligation has been extinguished by has now acquired jurisdiction over
condonation. Now where did the court get that? the issue. One is acquired upon
Your defense is payment, and the decision now filing of the complaint and the other
it was extinguished by condonation. Is the one is acquired after the filing of the
decision correct? answer by the defendant.
A: The decision is WRONG because the
parties did not raise condonation as the issue.
The case was decided on an issue that was not HIERARCHY OF THE COURTS
even raised by the parties. So the court never
acquired jurisdiction over the issue. In other In the 1996 BAR: One of the questions in
words, the court should only rule on what the Remedial Law was: State the hierarchy of the
parties raised in their pleadings. That is what Courts in the Philippines.
we call jurisdiction over the issue. The court
should only rule on what the parties claim. a.) Regular courts

So, the court is supposed to rule on the issue SUPREME COURT


raised and not those not raised by the parties.
COURT OF APPEALS
Take note that jurisdiction over the issues in
civil cases is acquired after defendant has filed REGIONAL TRIAL COURTS
an answer. In criminal cases, jurisdiction over
the issues is acquired upon filing of a complaint. MetTC MTCC MTC MCTC
For a decision to be effective, the court must
acquire the jurisdiction over the subject matter,
the person, the res in case the defendant is not Note:

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MetTC- In Manila
MTCC- cities outside Manila e.g. Cebu,
Davao
MTC- municipalities such as Digos, Panabo
MCTC- circuitized areas because it is
impractical and expensive to maintain one MTC
in every municipalities.

b.) Special courts

There are also Special Courts which are also


considered part of the judiciary. These are:
1. Court of Tax Appeals (RA 1125)
2. Sandiganbayan (PD 1486 as
amended)
3. Sharia District Courts and the
Sharia Circuit Courts (PD 1083 ,
also known as the Code of
Muslim Personal Law);
4. Family Courts

We are concerned only of the jurisdiction of


the REGULAR COURTS.

published by:

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