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1.

service of summons and other coercive


due process upon him.
It is the authority to hear and
decide cases. It does not depend
upon the regularity of the 4.
exercise of that power or upon
Jurisdiction of the court over the
the rightfulness of the decision
subject matter of the action is
made (Lim, et al. v. Hon. Felipe
determined by the allegations of the
Pacquing, et al., G.R. No.
complaint. An exception to this rule is
115044, September 1, 1994).
where the real issues are evident from
the record of the case, jurisdiction over
the subject matter cannot be made to
2.
depend on how the parties word or
phrase in their pleadings.
The requisites for valid exercise
of jurisdiction are as follows:
5.
i) JURISDICTION OVER THE
PARTIES Jurisdiction of the court over the
ii) JURISDICTION OVER THE subject matter is conferred by law which
SUBJECT MATTER maybe either the Constitution or a
iii) JURISDICTION OVER THE statute.
ISSUES
iv) JURISIDICTION OVER THE
RES 6.

The exception to the general rule that


“lack of jurisdiction over the subject
3. matter of an action cannot be waived by
The court acquire jurisdiction the parties and maybe raised at any
over the person of the plaintiff when the stage of the proceeding” is ESTOPPEL
action is commenced by the filing of the BY LACHES by failure to object to the
complaint. This presupposes payment of jurisdiction of the court for a long period
the docket fees. Jurisdiction is acquired of time and by invoking its jurisdiction in
over the person of the defendant by his obtaining affirmative relief.
voluntary appearance in court and his
submission to its authority, by valid
7.
The court may acquire jurisdiction power or upon subject matter,
over the res either by: the rightfulness of the resolution of
the decision made all other
questions arising
(Lim, et al. v.
in the case is but
1. Seizure of the property under Hon. Felipe an exercise of
legal purposes Pacquing, et al., jurisdiction
G.R. No. 115044, (Herrera v.
September 1, Baretto, 25 Phil.
2. As a result of the institution of 1994). 245; Palma v.
legal proceedings, in which the Q&S, Inc., G.R.
power of the court is recognized No. L-20366, May
16, 1966).
and made effective.
Error of Error of
3. The court by placing the property Jurisdiction Judgment
or thing under its custody.
Error of Judgment
4. The court through statutory One where the One that the
authority conferring upon it the court, officer or court may commit
power to deal with the property quasi-judicial in the exercise of
of the thing within the court’s body acts without jurisdiction; it
territorial jurisdiction. Example: or in excess of includes errors of
Suits involving the status of the jurisdiction, or procedure or
parties or suits involving the with grave abuse mistakes in the
property in the Philippines of of discretion. court’s findings
non- resident defendants. Correctible by Correctible by
extra ordinary appeal
8. writ of certiorari

Jurisdiction Exercise of
Jurisdiction 9.
It is the authority It is any act of
to hear and the court
decide cases. It pursuant to such
authority, which
does not depend
includes making
upon the decisions. If there
regularity of the is jurisdiction over
exercise of that the person and

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