CIVIL PROCEDURE ANNOTATED courts.

It is also the
By Feria & Noche (2013) cognizance which a superior
court takes of a case brought
I. Jurisdiction to it by appeal or certiorari
from the decision of an
Jurisdiction is the authority to hear and determine a inferior court, or the review
cause or the right to act in a case. by superior court of the final
judgment or order of some
 Jurisdiction should be distinguished from the inferior court.
exercise of jurisdiction. The authority to decide a 3. EXCLUSIVE CONCURRENT
cause at all, and not the decision rendered therein Confined to a Exercise by different courts
is what makes up jurisdiction. particular at the same time over the
 Where there is jurisdiction of the person and tribunal or grade same subject matter and
subject matter, the decision of all other questions of courts and within the same territory,
arising in the case is but an exercise of jurisdiction. possessed by it to and wherein litigants may in
 When a court exercises its jurisdiction, an error the exclusion of the first instance, resort to
committed while engaged in that exercise DOES all others. either indifferently.
NOT deprive it of the jurisdiction which it is 4. CRIMINAL CIVIL
exercising when the error is committed? Exists for the Exists when the matter is not
punishment of criminal in nature.
Explanation: There is a need to distinguish between crimes and is the
errors of judgment and errors of jurisdiction. The former power to take
is an error which the court may commit in the exercise cognizance of a
of its jurisdiction. The latter renders an order or criminal offense
judgment void or voidable. and to impose
sentence after a
ERRORS of Judgment — Reviewed on appeal lawful trial.
ERRORS of Jurisdiction — Review on Certiorari 5. TERRITORIAL JURISDICTION
The power of a court with reference to the
 Jurisdiction, once it attaches continues until the territory within which it is to be exercised.
case is concluded. A court’s jurisdiction over a case 6. JURISDICTION OVER THE SUBJECT MATTER
extends up to the execution of its judgment that has The power to hear and determine cases of the
become final. general class to which the proceedings in
question belong— the power to deal with the
CLASSES OF JURISDICTION general subject involved in the action. (conferred
by law)
1. GENERAL SPECIAL/LIMITED 7. JURISDICTION OVER THE PERSON
Extends to all Confined to particular causes The power to render a personal judgment against
controversies or can be exercised only a person and is acquired by the voluntary
which may be under the limitations and appearance of a party in court and his submission
brought before a circumstances prescribed by to its authority or by the coercive power of legal
court within the the statute. process exerted over the person.
legal bounds of 8. JURISDICTION OVER THE RES OR PROPERTY
rights and Obtained by a seizure of the property under legal
remedies. process of the court, whereby it is held to abide
2. ORIGINAL APPELLATE by such order as the court makes and with
Conferred on, or The power and authority respect to the persons whose rights in the
inherent in a conferred on a superior property are to be affected, jurisdiction may be
court in the first court to rehear and attained by constructive service of process, it not
instance determine causes which being necessary that they should be brought
have been tried in inferior within the reach of the process of the court or
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 should receive actual notice.
HOW IS JURISDICTION OVER THE SUBJECT MATTER
ACQUIRED?
 Conferred by the sovereign authority which
organizes the court.
 It is given only by law and in the manner prescribed
by the law.
 An objection based on the lack of such jurisdiction
cannot be waived by the parties.
 Determined by the law in force at the time of the
commencement of the action. — Once acquired by
the court, it is not affected by the the new
legislation that placed jurisdiction over such
proceedings in another tribunal.
 Court may motu proprio dismiss a claim it has no
jurisdiction over.
 Any decision rendered without jurisdiction is a total
nullity and may be struck down at any time, EVEN
ON APPEAL.
 GENERAL RULE: Neither waiver nor estoppel shall
apply to confer jurisdiction upon a court
EXCEPTION: Highly meritorious and exceptional
circumstances.
 JOTSM as compared to JOTP cannot be enlarged or
diminished by any of the parties or dictate when it
shall attach or when it shall be removed. That is a
legislative matter. JOTP on the other hand, in some
instances is made to depend indirectly at least, on
the party’s volition. It may be conferred by consent
or objected from attaching or after attaching.
 Determined by the allegations in the complaint.
 What determines the jurisdiction of the court is the
action pleaded as appearing from the allegations in
the complaint. The averments therein and the
character of the relief sought are the ones to be
consulted.
HYPO: In good faith, a complaint is filed involving a
subject matter within the jurisdiction of the court BUT
after the trial, the subject matter appears to be less, so
that it is within the jurisdiction of the lower court—
What should the court do?
ANS: The former court has jurisdiction to adjudge the
subject matter. The amount which determines the
jurisdiction of courts is the amount sought to be
recovered and not the amount found to be due after
trial.
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HYPO: If a complaint is filed involving a subject matter
within the jurisdiction of an inferior court, but after the
trial, the subject matter appears to fall within the
exclusive jurisdiction of a superior court— what is the
effect?
ANS: The inferior cannot render judgment, but must
dismiss the case.
HYPO: A wants to sue B in MTC but the full amount of
his claim confers jurisdiction to the RTC. Can he waive
or remit a portion of his claim so that what remain is
within the jurisdiction of the MTC?
ANS: Yes. Jurisprudence Hyson Tan et. al v. Filipinas
Compania de Seguros, et al. (GR L-10096)
HOW IS JURISDICTION OVER THE PERSON OF THE
PARTIES ACQUIRED?
 Plaintiff acquires it by filing the complaint. By doing
this the court acquires jurisdiction of plaintiff in an
action
 Defendant acquires it by proper and fairly obtained
process of service, actual or constructive regardless
of the sufficiency of the proof or return thereto.
 TWO MODES OF ACQUIRING JOTP:
a. Service in person or substituted service of
summons
b. Voluntary appearance.
 Filing of pleadings seeking affirmative relief
constitutes voluntary appearance and the
consequent submission of one’s person to the
jurisdiction of the court.
 When a party moves for the suspension of
proceedings pending before a court, he waives
whatever defect there is in the service of summons
and is deemed to submit himself voluntarily to the
court’s jurisdiction.
WHAT ARE THE ELEMENTS OF JURISDICTION IN CIVIL
CASES?
A. JURISDICTION OVER THE SUBJECT MATTER
B. JURISDICTION OVER THE PARTIES
C. JURISDICTION OVER THE RES IF JURISDICTION
OVER THE DEFENDANT CANNOT BE ACQUIRED
1. Required when the defendant does not reside
and is not found in the Philippines, such as:
a. Action affects the personal status of the
plaintiff residing in the Philippines— the
court’s judgment will be limited to the res
(status of the person) but it cannot declare
 a judgment in personam. Ex: The court may morals, good customs, public order, or public policy.
delcare a marriage void or a decree of legal And the court have upheld such stipulations in contracts
separation but it cannot declare a judgment to be valid.
for support.
b. When the action relates to, or the subject of Note: A stipulation stating that all matters in dispute
which involves property within the between the parties shall be referred to arbitrators AND
Philippines, in which the defendant has or THEM ALONE is contrary to punlic policy and cannot
claims a lien or interest actual or oust the courts of jurisdiction.
contingent.
c. When the relief demanded in the action Notwithstanding a stipulation that the arbitral award is
consists wholly or in part, in excluding the final, unappealable and executory, the courts may
defendant from any interest in property exercise its power of judicial review by setting aside,
located in the Philippines, or when the non- rejecting or vacating either a domestic or foreign
resident defendant’s property has been arbitral award.
attached within the Philippines. Ex: An
action for the collection of a sum of money WHAT IS THE JURISDICTION OF THE SUPREME COURT?
cannot be prosecuted against a defendant A. Original Jurisdction
who does not reside and is not found in the 1. Exlcusive
Philippines. He may however be a subject of a. Petitions for certiorari, prohibition, or
a Writ of Preliminary attachment— the mandamus against:
action in personam becomes an action i. CA
quasi-in-rem. The property can be sold to ii. COMELEC
satisfy the judgment but any deficiency iii. COA
cannot be recovered unless the defendant iv. CTA and
voluntarily submits himself to the v. Sandiganbayan
jurisdiction of the court.
2. Concurrent
WHAT ARE THE LIMITATIONS ON THE POWER OF THE a. With the CA
LEGISLATIVE IN MATTERS OF COURT JURISDICTION? i. Peititions for certiorari, prohibition or
 They have the power to define, prescribe and mandamus against
apportion the jurisdiction of the various court BUT o RTC
may not deprive the SC of its original jurisdiction o NLRC— only for compelling and
over cases enumerated in Section 5, Article VIII of exceptional circumstances
the 1987 constitution. o Writ of Kalikasan
 Congress may increase appellate jurisdiction of the b. With the CA and RTC
SC but only with the advice and concurrence of the i. Petition for Certiorari, prohibition or
SC itself. mandamus against courts of the first
 Congress may reorganize the judicial system level and other bodies
provided it does not undermine the security of ii. Petitions for habeas corpus and quo
tenure of its members. warranto
 The congress, in the exercise of these powers c. With RTC
cannot infringe on the independence of the i. Actions against ambassadors, other
judiciary. public ministers and consuls
d. With SB
Can parties resort to arbitration in the settlement of i. Petitions for Certiorari, Prohibition,
disputes? Mandamus Habeas Corpus, Inunctions
and ancillary writs of aid of its appellate
Yes. Article 1306 of the civil code provides that the jurisdiction and over petitions of similar
contracting parties may establish such stipulations, cases including quo warranto in PCGG
clauses, terms and conditions as they may deem cases.
convenient provided they are not contrary to law, e. With CA, SB and RTC
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 i. Petition for Writ of Amparo
ii. Petition for a Writ of Habeas Data

3. Appellate
a. Petitions for Review on certiorari against:
i. CA
ii. SB
iii. RTC in cases involving
o Constitutionality or validity of a
treaty, international or
executive agreement, law,
presidential decree,
proclamation, order,
instruction, ordinance or
regulation
o Legality of a tax impost,
assessment, toll or a penalty in
relation thereto.
o Jurisdiction of a lower court
o Pure error or question of law.
o CTA en banc
o Final judgment or order in a
writ of amparo or habeas data.