Jurisdiction

The power and authority of the court to hear, try and decide a case.

The authority of the court to execute its decisions.

Note: it is the court, not the judge, which by law, vested with jurisdiction.

Aspects of Jurisdiction

Jurisdiction over the subject matter

The power of a particular court to hear, try and decide the type of case that is then before it.

Such as real actions, personal actions or actions incapable of pecuniary estimation

Effect:

Jurisprudence states that a void judgment for lack of jurisprudence is no judgment at all. It cannot be
the source of any right, nor the creator of any obligation. All acts performed pursuant to it and all claims
emanating from it have no legal effect. Hence, it can never become final and any writ of exe3cution
based on it is VOID.

Exercise of jurisdiction

Error of judgment v error of jurisdiction

An error of judgment is one which the
court may commit in the exercise of its
jurisdiction. Such an error does not
deprive the court of jurisdiction and is
correctible only by appeal; whereas an
error of jurisdiction is one which the
court acts without or in excess of its
jurisdiction. Such an error renders an
order or judgment void or voidable and is
correctible by the special civil action of
certiorari. (Dela Cruz vs. Moir, 36 Phil.
213; Cochingyan vs. Claribel, 76 SCRA
361; Fortich vs. Corona, April 24, 1998,
289 SCRA 624; Artistica Ceramica, Inc.
vs. Ciudad Del Carmen Homeowner‟s
Association, Inc., G.R. Nos. 167583-84,
June 16, 2010).

Test of jurisdiction