Notes on Remedial Law Review: Jurisdiction v Venue

September 21, 2022

CTA has jurisdiction given that there had already been an assessment, hence, it is conferred
Stick within the Topic in Discussing Cases by law that the CTA has jurisdiction over such cases.
Tangency to the Topic at hand
Not interested outside the Topic Luis Gonzales v GJH Land, GR No. 202664
Doctrines are important Doctrines:
Spotting Issues are important in Passing the BAR Jurisdiction over the subject matter of a case is conferred by law, whereas a court’s exercise
of jurisdiction is governed by the Rules of Court.
City of Lapu Lapu v PEZA, GR No. 184203
Doctrine: Conferment vs Exercise of Jurisdiction
3 modes of Appeal:
1. Ordinary Appeal; Jurisdiction is with the RTC.
2. Rule 42 – Petition for Review Not to dismiss but remand to the executive judge for the purpose of re-raffle to a proper
3. Rule 45 – Appeal by Certiorari – only questions of law can be raised commercial court.
Why? Because it would lead to absurdity.
Question of Fact vs Question of Law
Crespo vs. Mogul important
RTC of Pasay had no jurisdiction to hear the case for Declaratory Relief. Favorite case for acquisition of jurisdiction
Court’s jurisdiction once the information is filed in court.
It is indeed that the RTC to hear Declaratory Relief – Incapable of Pecuniary Estimation “adherence of Jurisdiction”

Special Civil Action for Declaratory Relief – question of validity and declaration of rights. Once a complaint is filed in court any disposition of the case as its dismissal or the conviction
or acquittal of the accused rest in the sound discretion of the Court.
Requisites for Declaratory Relief:
1. Deed, contract; Once a court acquires jurisdiction, it is the exclusion of other courts. Cannot be prevailed
2. Terms are doubtful and require judicial relief upon the decision of the DOJ. It cannot be the basis the judge can be compelled.
3. No breach of the document in question
Landbank vs Villegas
Explained the Aspects of Jurisdiction: Jurisdiction is the court’s authority to hear and determine a case. The court’s jurisdiction over
1. Jurisdiction of Subject Matter the nature and subject matter of an action is conferred by law.
2. Jurisdiction over the person
- Upon the filing of initiatory pleading Tijam v Sibonghanoy important
3. Jurisdiction over the Res Estoppel by laches
De Herrera v Bernardo

Ombudsman v rodriguez
Ombudsman’s jurisdiction

Banez vs. Concepcion