 Jurisdiction is the power and authority of the court to hear, try and determine a case

 Jurisdiction is not only the definition above but also the authority to execute decision rendered by
the court- the most important part of litigation where supervening events may change the
circumstances of the parties

 Conferred by court not of the judge

 Test of jurisdiction- whether the court has the power to enter into the inquiry and not whether the
decision is right or wrong

 Duty of the court to determine its jurisdiction

1. Notice in the limits of their authority

2. If not within their jurisdiction, dismiss the case motu proprio, even if not raised in pleadings

 Effect of lack of jurisdiction

1. Decision rendered by the court, even if believed in good faith that the court has jurisdiction is legally
void if there is lack of jurisdiction

2. Decision rendered by court which lacks jurisdiction can be collaterally attacked.

 Aspects of jurisdiction

1. Jurisdiction over the parties

2. Jurisdiction over the subject matter.

3. Jurisdiction over the issues of the case

4. Jurisdiction over the res or the thing involved in the case

 Jurisdiction over the subject matter- power of a particular court to hear the type of case or the class
of cases before it.

 Subject matter refers to the thing, the right or the contract under dispute. It is the item which the
controversy has arisen or the wrong has been done

 Jurisdiction is the power of the court , the exercise of this power is called the exercise of jurisdiction-
they are not the same

 Error of jurisdiction- is when the act complained was issued by the court without or in excess of
jurisdiction

 Error of judgment- it presupposes that the court has jurisdiction over the subject matter but in the
process of exercising that jurisdiction the court committed mistakes in the appreciation of facts and
evidence leading to erroneous judgment.

 Error of jurisdiction is a total nullity. Error of judgment is not.

 Error of jurisdiction cannot be corrected on appeal. Error of judgment can.

 Error of jurisdiction is correctible only by the extra ordinary writ of certiorari

 Lack of jurisdiction is when the court has no authority or power vested by law to take cognizance of
the case

 Excess of jurisdiction presupposes that the court has vested by law authority and power to take
cognizance of the case but in the exercise of such, the court acts beyond what has been vested or
conferred.

 Cause of action is the act or omission by which a party violates the right of another.

 Jurisdiction over the subject matter is conferred by law which may either be the Constitution or
statute. Hence, cannot be granted by the agreement of parties, cannot be waived, acquired,
enlarged or diminished by any act or omission, cannot be conferred by the acquiescence of the
court.

 Jurisdiction is determined by the allegations in the complaint. Thus, the averments of the complaint
and the character of the relief sought should be consulted

 The defenses and evidence does not determine jurisdiction

 There is however an exception to the rule that jurisdiction is determined by the avermets of the
cpmplaint

 Doctrine of primary (administrative) jurisdiction- courts cannot and will not resolve a controversy
involving a question within the jurisdiction of administrative tribunal.

 Doctrine of adherence jurisdiction (continuity of jurisdiction)- once the jurisdiction has been
acquired by the court, the court retains it until final disposal of the case.

 The statute in force at the time of commencement of an action determines the jurisdiction of the
court

 Jurisdiction over the subject matter may be raised at any stage of the proceedings even for the first
time of appeal. Reason is that, jurisdiction is conferred by law, lack of it affects the very authority of
the court to take cognizance and of and to render judgment on the action

 The active participation of an individual before the proceedings and the failure to object to the
jurisdiction bar him from assailing jurisdiction under the principle of estoppel- exception to the
general rule

 Jurisdiction in personam- legal power of the court to render personal judgment against a party to an
action or proceeding

 A decision in personam imposes a liability or responsibility upon a person directly and therefore
binds him personally.

 How the court acquire jurisdictions over the parties? Depends whether the party is the plaintiff or
defendant

1. Over the plaintiff- upon filing of the complaint or petition

2. Over the defendant- either by voluntary appearance in court and his submission to the authority or by
service of summons
 Defendants’ voluntary appearance in an action shall be equivalent to service of summons- without
service of summons or despite defective summons

 Voluntary appearance is deemed seeking for affirmative relief except when the relief sought is for
the purpose of objecting to the jurisdiction of the court

 Jurisdiction over the person of the defendant is required in an action in personam but not in an
action in rem or quasi in rem

 Action in personam- action against a person on the basis of his personal liability.

 Action in rem- action against the thing itself rather than against a person

 Action quasi in rem- individual named as a defendant and subjecting his interest to the obligation or
the burden of the property

 Jurisdiction over the thing is acquired by seizure of the property under legal process, whereby it is
brought into actual custody of the law or as a result of the institution of legal proceedings, in which
the power of the court is recognized and and made effective

 Objection over the person of the defendant may be raised as a ground for motion to dismiss.

 Defenses and objections not pleaded either in a motion to dismiss or or in the answer are deemed
waived

 Defenses available

1. The court has no jurisdiction over the subject matter

2. There is an action pending between the same parties over the same cause(litis oendencia)

3. Action is barred by prior judgment (res judicata)

4. Action is barred by statute of limitations (prescription)

 Jurisdiction over the issues power of the court to try and decide issues raised in pleadings of the
parties

 Issues are disputed point or question to which parties to an action have narrowed down their
several allegations and upon which they are desirous of obtaining a decision

 Jurisdiction over the issue is generally determined by the pleadings of the parties

 Pleadings present the issues to be tried and determine whether the issue is of fact or of law.

 An issue arises because of material allegations of a claiming party denied by the other party

 Jurisdiction over the issue may also be determined and conferred by the stipulation of the parties

 It may also be conferred by waiver or failure to object to the presentation of evidence on a matter
not raised on pleadings

 Distinction between jurisdiction over the subject matter and jurisdiction over the issue

1. Jurisdiction over the subject matter is conferred by law, jurisdiction over the issue is determined by
pleadings
2. Jurisdiction over the issue may be conferred by consent, either of the parties, either implied or express.
Jurisdiction over the subject matter is not.

 Distinction between question of fact and law

1. There is a question of law when when the doubt or difference arises as to what the law is on certain
facts. There is question of fact when the doubt or difference arises as to the truth or falsehood of the
alleged facts

 Test whether the question is on fact or of law: whether the court can determine the issue raised
with or without evaluating the evidence: with= question of fact, without=question of law

 An issue arises even f not raised in pleadings when the parties try an issue with their consent

 Jurisdiction over the res (property in litigation)- res: thing/object