Jurisdiction

Definition: the power and authority of the Court to hear, try and decide case.
-whose authority: the Court
Duty of the Court:
DETERMINE JURISDICTION
1. It has the power and duty to examine and to determine whether it has jurisdiction over a matter
presented to it.
2. Takes notice of the limits of their authority and they may act accordingly by dismissing the
action even though the issue of jurisdiction is not raised by the pleading or not even suggested
by counsel.
EXERCISE JURISDICTION
-tries a case presented and renders a decision out of it.
Effect of lack of jurisdiction
-dismissal of the case
Error of Jurisdiction vs Error of Judgment
EJURIS: Occurs when the court exercises a jurisdiction not conferred upon it by law or when a court
or tribunal acts in excess of its jurisdiction or with grave abuse of discretion. It is correctible by
certiorari
EJUDGE: Occurs when a court or tribunal clothed with jurisdiction commits mistake in the
appreciation of the facts and evidence leading to an erroneous judgment. It is correctible by appeal.
Test of jurisdiction
1. Jurisdiction over the Subject matter: over the general subject of the case, conferred by
law
2. Jurisdiction over the parties: legal power of the court to render a personal judgment
against a party to an action or proceeding, obtained by valid service of summoning or
voluntary submission to the Court
3. Jurisdiction over the res: the power or authority of the court over the thing or property
under litigation. Acquired by seizure of the property under legal process or as a result
of legal proceeding
4. Jurisdiction over the issues: the power of the court to try and decide issues raised in
the pleadings of the parties.
What determines jurisdiction
WHICH LAW DETERMINES THE JURISDICTION OF THE COURT— THE LAW IN FORCE AT THE
TIME OF THE COMMISSION OF THE OFFENSE OR THE ONE IN FORCE AS OF THE TIME
WHEN THE ACTION IS FILED?
> General rule: the law as of the time when the action is filed, and not when the offense was
committed
> Exception to the rule: where jurisdiction is dependent on the nature of the position of the accused at
the time of the commission of the offense—in this case, jurisdiction is determined by the law in force
at the time of the commission of the offense.
WHY IS THE APPLICABLE LAW THE LAW IN FORCE AT THE TIME WHEN THE ACTION IS
FILED?
> Since otherwise, it would amount to an ex post facto law if the law is given retroactive effect and it is
not beneficial to the accused.
Doctrine of Hierarchy of Courts: A higher court will not entertain direct resort to it unless the
redress desired cannot be obtained in the appropriate court. This is to prevent inordinate demands
upon the Courts time and attention that are devoted to those matters within its exclusive jurisdiction
and to prevent further over-crowding of the Court’s docket.

Saint Mary Crusade vs Hon. Teodoro Riel, GR No. GR No. 186508, Jan. 12, 2015
Rey Nathaniel Ifurung vs Hon. Conchita Carpio-Morales, GR No. 233121, Apr. 24, 2018
(exceptions)
Doctrine of Primary Jurisdiction: Court 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.
Doctrine of Exhaustion of Administrative Remedies: The doctrine of exhaustion of administrative
remedies says that a person challenging an agency decision must first pursue the agency's available
remedies before seeking judicial review. It was created by courts in order to promote an efficient
justice system and the autonomous administrative state.
Doctrine of Adherence of Jurisdiction: This principle states that once a court acquires jurisdiction
over a controversy, it shall continue to exercise such jurisdiction until the final determination of the
case.
Doctrine of Ancillary Jurisdiction: Under "ancillary jurisdiction doctrine" federal district court
acquires jurisdiction of case or controversy as an entirety and may, as incident to disposition of matter
properly before it, possess jurisdiction to decide other matters raised by case, though district court
could not have taken cognizance of them if they had been independently presented.
University of the Immaculate Conception v Office of the Sec, of DOLO, GR No. 178085-
178086, September 14,
2015
Doctrine of Non-Interference or Doctrine of Judicial Stability: States that the Court of co-equal
jurisdiction and coordinate jurisdiction cannot interfere with each other’s order.
Law which governs jurisdiction
Aspects of Jurisdiction
1. Jurisdiction over the Subject matter: over the general subject of the case, conferred by law
2. Jurisdiction over the parties: legal power of the court to render a personal judgment against a
party to an action or proceeding, obtained by valid service of summoning or voluntary submission to
the Court
3. Jurisdiction over the res: the power or authority of the court over the thing or property under
litigation. Acquired by seizure of the property under legal process or as a result of legal proceeding
4. Jurisdiction over the issues: the power of the court to try and decide issues raised in the
pleadings of the parties.

JURISDICTION OF THE COURTS

RA 11576
Alona Roldan vs Sps. Barrios, GR No. 214803, April 23, 2018 (real action; incapable of
pecuniary estimation)
Rule on Small Claims Cases
Rule on Summary Procedure
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