Justice HILARION L.

AQUINO
A. Terms, their concepts
1. Jurisdiction [Herrera v. Baretto, et. al., 25 Phil. 245
(1913)]
2. Jurisdiction over the subject matter [Insular Savings
Bank v. Far East Bank and Trust Co., (June 22, 2006)]
3. Jurisdiction over the parties [Sharruf v. Bubla, 12 SCRA
79 (1969)]
4. Jurisdiction over issues [Pe v. Intermediate Appellate
Court, 195 SCRA 137 (1991)]
5. Jurisdiction over the Res [Lucas v. Lucas, 650 SCRA 667
(2011)]
6. Territorial Jurisdiction (Manila Railroad Co. v. Attorney
General, 20 Phil. 532)
7. Jurisdiction over the case [Home Guaranty Corp. v. RII
Builders, Inc., 652 SCRA 649 (2011)]
B. Classification
1. General and Limited (Special)
2. Original and Appellate
3. Exclusive and Concurrent
4. Civil and Criminal
C. Characteristics of Jurisdiction over the Subject
Matter
1.Conferred by law [B. F. Homes, Inc. v. Meralco,
636 SCRA 495 (2010)]
2.cannot be the subject of agreement of the
parties [Machado v. Gatdula, 612 SCRA 546
(2010)]
3.can be raised at any stage of the proceeding
(Insular Hotel Employees Union – NFL v.
Waterfront)
4.no jurisdiction – all proceedings are void [Afdal v.
Carlos, 636 SCRA 389 (2010)]
5.no jurisdiction – court can motu proprio dismiss
the case. (Sec. 1, Rule 9, RC)
A. How Acquired
1.Jurisdiction over Subject Matter – conferred by law
(Banco Espaniol v. Palanca, 37 Phil. 921 [1918])
2.Jurisdiction over Plaintiff (Agravante v. Patriarca, 183
SCRA 113 [1990])
3.Jurisdiction over Defendant (Rapid City Realty and
Development Corp. v. Villa, 612 SCRA 302 [2010])
4.Jurisdiction over the Res (Banco Espaniol v. Palanca,
supra)
5.Jurisdiction over the case – upon filing of the complaint
or petition and the payment of filing and docket fees.
(Home Guaranty Corp. v. R II Builders, Inc., supra)
B. How Determined
1. From the allegations of the complaint (Dazon v. Yap,
610 SCRA 79 [2010])
2. Law in force at the commencement of the action
(Mercado v. Ubay, 308 SCRA 167 [1999])
C. Some Doctrines
1. Sibonhonay Doctrine (Estoppel by Laches, Tijam v.
Sibonghonay, 23 SCRA 20 [1968])
2. Primary Jurisdiction (Industrial Enterprises, Inc. v. CA,
184 SCRA 426 [1990])
3. Delegated Jurisdiction (The Judiciary Reorganization
Act of 1980, Section 34 as amended by R.A. 7691,
Section 4)
4. Totality of Claims Doctrine (Ratillar v. Tapuca, 75 SCRA
64 [1978])
5. Adherence of Jurisdiction (Basilio v. Dinio, 634 SCRA
516, [2010])
D. Original Jurisdiction in Some Cases
1.Judicial Foreclosure of Real Estate Mortgage the bases
of determining jurisdiction are: a) value of the
mortgaged property; and b) the amount of the debt
secured by the mortgage. If one of these values is within
the jurisdiction of the RTC, then that court has
jurisdiction. (Grand Development Corp. v. Tutcian, 79
SCRA 189 [1989])
2.Injunction – RTC (PAGCOR v. Fontana Development
Corp., 622 SCRA 461 [2010])
3.Breach of Contract – RTC (Id)
4.Action for Quieting of Title – RTC (Republic v.
Mongatara, 624 SCRA 360 [2010])
5.Action for Reconveyance – RTC (Id)
6.Action for Expropriation – RTC (Id)
7.Action for Recession or Annulment of Contract – RTC
(Urgria v. CA, 654 SCRA 314 [2011])
E. Test to Determine whether an Action is a Real
Action or Personal Action whose subject is incapable
of pecuniary estimation:
1.Ultimate (Prime) Objective Test (Raymundo v. CA, 213
SCRA 457 [1992])
2.Nature of the Action Test (Urgaria v. CA, supra)

F. Jurisdiction of Trial Courts

1.Municipal Courts – The Judiciary Reorganization Act of
1980 (Section 33) as amended by R.A. No. 7691 (Sec. 3)
2.Regional Trial Courts – R.A. No. 7691 (Sec. 5);
Alternative Dispute Resolution Act of 2004 (Sec. 47) in
relation to Secs. 41 & 44); Comprehensive Agrarian
Reform Law (Sec. 47)
3.Family Courts –R.A. 8369 Family Courts Act of 1997
(Sec. 3)
A. In General
1. Requisites for the exercise of criminal
jurisdiction (Manila Railroad Co. v. Atty. Gen.,
20 Phil. 562)
a) Jurisdiction over subject matter of the
offense (Reyes v. Diaz, 73 Phil. 484)
b) Territorial jurisdiction (Uy v. Court of
Appeals, 276 SCRA 367)
c) Jurisdiction over person of the accused
(Loyola v. Rodriguez, 86 SCRA 300 [1978])
2. Jurisdiction over the accused, how acquired
a)valid arrest
b)Voluntary submission to the jurisdiction of
the court (Loyola v. Rodriguez, supra)

3. Criminal Jurisdiction, how determined

a)Allegation in the Complaint/Information
(Buaya v. Polo, 160 SCRA 471, [1988])
b)Law in force at the time of the institution of
the action – not at the time of the commission
of the offense (Dela Cruz v. Moya, 169 SCRA
838 [1988])
B. Some Important Decisional Rules
1. In criminal cases venue is an element of
jurisdiction. (Uy v. Court of Appeals, 276
SCRA 367 [1997])
2. If the imposable penalty of the crime
charged is within the jurisdiction of the court
then that court has jurisdiction even if the
penalty it may have to impose on the basis
of the evidence is below its jurisdiction. (U.S.
v. Jimenez, 41 Phil. 1)
3. The court having jurisdiction of the offense
charged has also jurisdiction to determine
the disposition of the instruments used in
the commission of the offense. (U.S. v.
Bruchez, 28 Phil. 305)
C. Specific Criminal Jurisdiction of Trial Courts
1.Municipal Courts (MeTC, MTCC, MTC and MCTC)
1.1. Regular Procedure
a)Imposable penalty of crime does not exceed 6 yrs.
b)Crimes committed by public officers under the Anti-Graft and
Corruption Practices Act and the R.P.C. – salary grade below 27 and
imposable penalty does not exceed 6 yrs.
c)Damage to property through criminal negligence when the only
penalty is fine exceeding Php 10,000.00
1.2. Summary Procedure
a)Violation of municipal and city ordinances
b)Violation of Rental Law
c)Imposable penalty for the crime charged does not exceed 6 months
imprisonment and/or Php 1,000.00 fine
d)Violation of BP22
e)Damage to property through criminal negligence when the only
penalty is fine not exceeding Php 10,000.00
2. Regional Trial Court – All criminal cases which are
not within the exclusive jurisdiction of any other
court, tribunal or body
3. Family Courts
3.1. When at the time of the commission of the
offense, one of the accused is below 18 but not
less than 9 years of age
3.2. When at the time of the commission of the
offense, one of the victims is a minor
3.3. Violation of R.A. 7610 (Special Protection of
Children Against Child Abuse, Exploitation and
Discrimination)
3.4. Violation of R.A. 8369 (Cases of Violence
Against Women and Children )
4. Sandiganbayan
4.1. Criminal charges under R.A. 3019 (Anti-Graft
and Corrupt Practices Act) and Crimes Committed
by Public Officers under the Revised Penal Code
when the accused is a public official or employee
with a salary grade of at least 27.
4.2. Criminal charges under E.O. No. 1, 2, 14 and
14-A (1996)
5. Court of Tax Appeals – Criminal actions for
violation of the penal provisions of the NIRC and
TCC when the amount of tax or fees involved is
Php 1 million or more exclusive of penalties and
charges.