Professional Documents
Culture Documents
Ruling:
SB has jurisdiction over this case.
• UP Student Regent = public officer; not the salary grade that determines
the jurisdiction of the SB (only incidental to the public office) –
o Sec. 4(A)(1)(g) of PD No. 1606 explicitly vested the Sandiganbayan
with jurisdiction over Presidents, directors and trustees, or manager
of government-owned or controlled corporations, state universities,
or educational foundations. Petitioner falls under this category.
Doctrine:
o SB - "larger fish"; lower courts - "small fry"/"petty crimes"
o RA 7975, to speed up trial in the SB
• Intent: for SB to devote its time and expertise to big-time cases
involving the "big fishes" in the government; decongestion of SB's
dockets
o Positions classified as SG26 and below that fall under SB's jurisdiction
• Specifically enumerated by law
o P - NOT an executive official with SG27 or higher; DOES NOT hold any
position particularly enumerated among the exceptions (Sec.4.A.1 a-g)
Doctrine:
o Jurisdiction over the subject matter in a criminal case - given only by law
in the manner and form prescribed by law. It is determined by the statute
in force at the time of the commencement of the action.
o Congress has the plenary power to define, prescribe and apportion the
jurisdiction of various courts. It follows then that Congress may also, by
law, provide that a certain class of cases should be exclusively heard and
determined by one court.
Whether or not the CTA has jurisdiction over a special civil action
for certiorari assailing an interlocutory order issued by the RTC in a local tax case -
CTA
Doctrine:
o Wrong remedy - special civil action for certiorari under R.65 (original or
independent action) cannot substitute lost appeal
o CTA - jurisdiction over a special civil action for certiorari assailing an
interlocutory order issued by the RTC in a local tax case.
5. CE Casecnan Water & Energy Co. vs. Prov. Of Nueva Ecija 759 CRA
180 - CTA (Expanded Jurisdiction)
Doctrine: - CTA’s jurisdiction
o CTA -exclusive jurisdiction over a special civil action for certiorari assailing an
interlocutory order issued by the RTC in a local tax case
• Rank - elevated to that of a collegiate court
• Expanded jurisdiction (RA 9282)
§ exclusive appellate jurisdiction to review by appeal the decisions, orders or
resolutions of the RTC in local tax cases originally decided or resolved by
the RTC in the exercise of its original or appellate jurisdiction
• the power of the CTA includes that of determining whether or not there
has been grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of the RTC in issuing an interlocutory order in cases
falling within the exclusive appellate jurisdiction of the tax court (City of
Manila v Cuerdo)
6. Lomondot vs. Balindong, 762 SCRA 494 (SAC)
Doctrine:
o Notably, Tomawis case was decided on March 5, 2010, while the CA
decision was rendered on April 27, 2010.
o The CA's reason for dismissing the petition, i.e., the decision came from
SDC which the CA has no appellate jurisdiction is erroneous for failure to
follow the Tomawis ruling.
Whether or not the Shari'a District Court of Marawi City has jurisdiction in an action for
recovery of possession filed by Muslim individuals against a municipality whose mayor is
a Muslim - NO (RTC's jurisdiction); SDC no jurisdiction
Doctrine:
o Code of Muslim Personal Laws - SDC's jurisdiction
• it has a catchall provision granting Shari'a district courts
original jurisdiction over personal and real actions;
• XPN: those for forcible entry and unlawful detainer
• Concurrent with regular civil courts
Case:
o OM (P) - dismissed charges against Valera
• Found Mislang (R), Durwin and Baharin guilty of grave misconduct
(substantial evidence), violation of the Articles of War; penalty -
dismissal from service
o R - appealed to the CA
• CA reversed and set aside P's decision
o respondent had been subjected to a General Court Martial at the
Philippine Army Headquarters, whereby respondent was adjudged not
guilty of the charges (res judicata) for the same acts in the complaint
• allegedly hatching a plot to kill the former Mayor of Lagayan, Abra,
Luna and her family; others wounded
o Does P have jurisdiction over the complaints against R? - YES;
o P or Court Martial? - Court-Martial – WHERE THE COMPLAINT IS FIRST FILED, to the
exclusion of all other courts
o Petition - DENIED
Doctrine:
o Ombudsman and the General Court Martial of the AFP
• concurring or coordinate jurisdiction over administrative
disciplinary cases involving erring military personnel,
particularly over violations of the Articles of War that are
service-connected
o Court-martial
• is a court
• prosecution of an accused before it is a criminal, NOT an
administrative case
• proceedings contemplate both the penal and administrative
disciplinary nature of military justice
• Service-oriented
o P and court-martial
• concurrent authority to dismiss respondent from the service
(in view of its administrative disciplinary aspect)
9. Unduran vs. Aberasturi, 823 SCRA (2017) (Primary Jurisdiction)
W/N the RTC has jurisdiction over the disputes and controversies involving ancestral
domain of the ICC and IP regardless of the parties involved? - YES (not the NCIP)
Doctrine:
o RTC - court of general jurisdiction
• Power and authority to hear and decide cases whose subject
matter DOES NOT fall within the exclusive original jurisdiction
of any court, tribunal or body exercising judicial/quasi-judicial
function
Whether the trial court had properly taken jurisdiction over the case despite the finality
of the PARAD resolution? - YES
petition for review under Rule 42
Doctrine:
o Jurisdiction of the DARAB (in agrarian reform cases)
§ The doctrine of primary jurisdiction tells us that courts cannot,
and will not, resolve a controversy involving a question which
is within the jurisdiction of an administrative tribunal,
especially where the question demands the exercise of sound
administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal to
determine technical and intricate matters of fact.
§ EO 229:
• Quasi-judicial powers to determine and adjudicate
agrarian reform matters
• Jurisdiction over all matters involving the
implementation of agrarian reform (XPN: those
falling under the E/O jurisdiction of the DA and the
DENR)
11.Dev. Bank of the Phil. Vs. Carpio, 816 SCRA (2017) (Residual Jurisdiction)
Whether or not the court erred in its blind adherence to and strict application of section
20, Rule 57 of the 1997 Rules of Civil Procedure (Claim for Damages on Account of Illegal
Attachment) - NO
Doctrine:
o The trial court did not reach the residual jurisdiction stage.
• The "residual jurisdiction" of the trial court is
o available at a stage in which the court is normally deemed to have lost
jurisdiction over the case or the subject matter involved in the appeal.
o This stage is reached:
• upon the perfection of the appeals by the parties or
• upon the approval of the records on appeal,
• but prior to the transmittal of the original records or the records
on appeal.
o In either instance, the trial court still retains its so-called residual
jurisdiction to:
• issue protective orders,
• approve compromises,
• permit appeals of indigent litigants,
• order execution pending appeal, and
• allow the withdrawal of the appeal.
o Before the trial court can have residual jurisdiction over a case:
• A trial on merits must have been conducted
• The court rendered judgment, and
• The aggrieved party appealed therefrom
12.Regulus Development, Inc. vs. De la Cruz, 781 SCREA (2016) (Requisites: trial,
judgment, appeal)
RTC had jurisdiction to levy on R's real property? - YES
Doctrine:
o Equity vs Appellate Jurisdiction of the RTC
APPELLATE JURISDICTION EQUITY JURISDICTION
Conferred by law Aims to provide complete in cases where a court of
law is unable to adapt its judgments to the special
circumstances of a case because of a resulting legal
inflexibility when the law is applied to a given
situation
Acquired when an appeal is Purpose:
perfected • to prevent unjust enrichment
(over subject matter and • to ensure restitution
parties)
o The RTC, as the court of origin, has jurisdiction to order the levy of the
respondent's real property.
Rationale: Our courts are courts of law and EQUITY; principle of honesty and
fairness
13.Resident Marine Mammals vs. Reyes, 756 SCRA (2015) Epistolary Jurisdiction
Resident Marine Mammals and the human petitioners also assert that through
this case, this court will have the opportunity to lower the threshold for locus
standi as an exercise of "epistolary jurisdiction." (G.R. No. 180771; April 21,
2015)
Doctrine:
o Judiciary in late 20th century has invented the devise of Public Interest Litigation
(herein after refereed to as PIL) which has become a main weapon in the armory
to deliver speedy justice at affordable costs. Further judiciary has adopted new
kinds of procedural techniques while dealing with PIL. Many technical rules of
procedure have been relaxed; the burden of the individual in fighting the
litigation is reduced by various beneficial principles. Acting on letters written by
or on behalf of the oppressed people is a strategy adopted by the Supreme
Court for facilitating access to justice. This is known as ‘epistolary jurisdiction.’
The letters have been converted into writ petitions on the logic that Article 32 of
the Constitution does not say as to “who” shall have the right to move the
Supreme Court, nor does it say by “what” proceedings. The expression
“appropriate proceedings” is too wide, and so moving the court through a letter
can be appropriate proceedings because it would not be right to expect a person
acting pro bono public to incur expenses from his pocket for having a regular
writ petition prepared by a lawyer. It has to be appropriate not in terms of any
particular form, but appropriate with reference to the purpose of the
proceeding.
Whether or not the CTA has jurisdiction over a special civil action for certiorari assailing
an interlocutory order issued by the RTC in a local tax case - CTA
Doctrine:
The exercise by two judicial bodies, of jurisdiction over basically the same
subject matter – precisely the split jurisdiction situation which is anathema to
the orderly administration of justice.
The power of judicial review trickles down to the lower courts, including the
CTA. (Constitutional)
15.Edcel Lagman vs. Pimentel III, 854 SCRA (2018) Expanded/Extended Jurisdiction
Whether or not the petitioners may invoke the expanded (certiorari) jurisdiction of the
Supreme Court under Section 1, Article VIII of the Constitution in seeking review of the
extension of Proclamation No. 216 - NO
Doctrine:
Expanded jurisdiction - Jurisdiction of a court which is expanded and its rank
elevated to that of a collegiate court with special jurisdiction.
16.Duero vs CA – 373 SCRA 11 - Jurisdiction estoppel
• Which court had jurisdiction over the case? - MTC
• Whether PR Eradel is estopped from questioning the jurisdiction of RTC after he
has successfully sought affirmative relief therefrom - NO (CA's ruling is affirmed.)
Doctrine:
o For estoppel to apply, the action giving rise thereto must be unequivocal
and intentional because, if misapplied, estoppel may become a tool of
injustice.
o Note that private respondent raised the issue of lack of jurisdiction, not
when the case was already on appeal, but when the case, was still before
the RTC that ruled him in default, denied his motion for new trial as well
as for relief from judgment, and denied likewise his two motions for
reconsideration
o The fundamental rule is that, the lack of jurisdiction of the court over an
action cannot be waived by the parties, or even cured by their silence,
acquiescence or even by their express consent. Further, a party may
assail the jurisdiction of the court over the action at any stage of the
proceedings and even on appeal. The appellate court did not err in
saying that the RTC should have declared itself barren of jurisdiction
over the action.
o Citing Javier v CA, the Court reiterated: Under the rules, it is the duty of
the court to dismiss an action 'whenever it appears that the court has no
jurisdiction over the subject matter.' (Sec. 2, Rule 9, Rules of Court)
Whether or not the RTC acquired jurisdiction over the person of Manuel; - NO
Whether or not respondent may still assail the question of jurisdiction of Manuel
on her motion to dismiss? - NO
Doctrine:
o NO. Here, what respondent was questioning in her motion to dismiss
before the trial court was the court’s jurisdiction over the person of the
defendant Manuel.
• Thus, the principle of estoppel by laches finds no application
in his case. Instead the principles relating to jurisdiction are
pertinent therein.
• Since the defense of lack of jurisdiction over the person of a
party to a case is not one of those defenses which are not
deemed waived under Section 1 of Rule 9, such defense must
be invoked when an answer or a motion to dismiss is filed in
order to prevent a waiver of the defense. If the objection is not
raised either in a motion to dismiss or in the answer, the
objection to the jurisdiction over the person of the plaintiff or
the defendant is deemed waived by virtue of the first sentence
of the above quoted Section 1, Rule 9 of the Rules of Court.
As a question of jurisdiction raised here is that over the person of Manuel,
• deemed waived if not raised in the answer or a motion to dismiss.
• In any case, respondent cannot claim the defense since “lack of
jurisdiction over the person, being subject to waiver, is a personal
defense which can only be asserted by the party who can thereby
waive it by silence.”
20.Agan vs. Piatco, 420 SCRA - Hierarchy of Courts
Doctrine:
o The rule on the hierarchy of courts will also not prevent the SC from
assuming jurisdiction as the rule may be relaxed when the redress
sought cannot be obtained in the appropriate courts and where
exceptional and compelling reasons justify the availment of the remedy.