Jurisdiction is the power and authority of the court to hear, try, decide, (Navales us.

Abaya, and Echegaray us. Secretary of Justice)

and execute decision over a case, and a matter of substantive law as it is conferred by law (Que us. Court of Appeals)
 not the power of the judge but of the court (ABC Auto Supply, Inc. us. Court of Appeals)
 not depend upon the regularity of its exercise or on the rightness of the decision made (Lim us. Pacquing)
 cannot be waived, enlarged or diminished by stipulation of the parties (Republic us. Estipular)

Duties of Court
1. to question jurisdiction before it looks at other matters involved in the case.
2. to dismiss action not within their jurisdiction without waiting for the question of jurisdiction being raised (Ace Publications
us. Commissioner of Customs) (Sec. 1, Rule 9, Rules of Court).
3. to exercise the jurisdiction conferred upon it by law and to render a decision in a case properly submitted to it (failure to
exercise jurisdiction is remedied with mandamus)

Error in judgment with Jurisdiction (procedure/ courts findings)

– can be remedied by appeal (Cabrera us. Lapid)
-not proper subjects of a special civil action for certiorari (Makawiag us. Balindong)
- decision not void binding on the parties unless it is reversed or annulled in a direct proceeding.
Error in jurisdiction (excess of jurisdiction/ grave abuse of discretion)
- can be remedied extraordinary writ of certiorari- (Tolentino us. Leviste)
-proceedings are an absolute nullity pronounced void when collaterally attacked (Herrera vs. Barretto)
exception is when the party raising the issue is barredby estoppel (Suntay us. Gocolay,

Jurisdiction over the subject matter power to deal with the general subject involved in the action, and means not simply jurisdiction
of the particular case then occupying the attention of the court but jurisdiction of the class of cases to which the particular case
belongs

Subject Matter refers to the item with respect to which the controversy has arisen, or concerning which the wrong has been
done, and it is ordinarily the right, the thing, or the contract under dispute (De la Rama us. Mendiola)
Examples: The terms 'unlawful detainer'forcible entry', or actions 'incapable of pecuniary estimatior
accion publiciana, accion reivindicatoria, partition of property, foreclosure of mortgage,
expropriation, habeas corpus and action for damages,
-jurisdiction over the subject matter is

1. conferred by law either by constitution or by statute

a. cannot be conferred by the administrative policy of any court (Arranza us. BF Homes, Inc., 333 SCRA
799)
b. cannot be conferred by a court's unilateral assumption of jurisdiction (Tolentino us. Social Security Commission,
138 SCRA 428);
c. cannot be conferred by an erroneous belief by the court that it has jurisdiction (De Jesus us. Garcia)
d. cannot a so be conferred by the parties /contract (Atlas Developer & Steel Industries, Inc)
e. cannot be granted by agreement of the parties acquired through, or waived, enlarged or diminished by, any act or
omission of the parties. Neither can it be conferred by acquiescence of the court (Republic us. Estipular)
f. cannot be conferred bv the parties' silence acquiescence or consent (Peralta-Labrador us Bugarin)

2. determined by the allegations of the complaint (Baltazar us. Ombudsman)

a. regardless of whether or not the plaintiff is entitled to his claims asserted therein (Gocotano us. Gocotano,