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Jurisdiction In General
JURISDICTION IN GENERAL
The word JURISDICTION is derived from 2 Latin words: 1.) JURIS – law; 2.) DICO – to speak, or to say. So, in effect, when you say jurisdiction, literally translated, it means, “I speak by the law.” It means that you are saying “I speak with authority” because when you invoke the law, then your act is authorized. Even in old times when the representatives of the king or the sovereign will try to arrest somebody or will try to enter your house, they open up in the name of the law. They will always invoke “in the name of the law.” So when you say, “I speak by the law” I will do it in the name of the law. It connotes authority or power. You cannot be wrong. How can you be wrong if you are doing it in the name of the law? So more or less jurisdiction simply means authority or power. So more or less that is the whole concept of jurisdiction. It simply means authority or power. That is precisely what jurisdiction is all about. JURISDICTION simply means the power of the court to hear try and decide a case. In its complete aspect, jurisdiction includes not only the powers to hear and decide a case, but also the power to enforce the judgment. (14 Am. Jur. 363-364) Q: What is the effect if the court has no jurisdiction? A: If a court has no jurisdiction, it has no power or authority to try a case and that is a concept you already know in Criminal Procedure. Without jurisdiction, the trial is null and void as well as the judgment. Let’s go to a criminal case. Can you file an information for murder before the MTC? Or can you file an information for slight physical injuries before the RTC? There is something wrong there. If a slight physical injury case is filed against you in the RTC, what will you do? If I’m the lawyer of the accused why will I allow my client to be arraigned and to be tried when everything is null and void. Kapoy-kapoy lang ako. So I’ll file a motion to quash under Rule 117. That’s the same thing in civil cases. If you file a civil case before a court that has no jurisdiction, then it can be dismissed for lack of jurisdiction. JURISDICTION vs. EXERCISE OF JURISDICTION Now, let us not confuse jurisdiction with certain terms related to it. Q: Distinguish jurisdiction from exercise of jurisdiction. A: The authority to decide a case, not the decision rendered, is what makes up jurisdiction. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. Where there is jurisdiction over of the person and subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction. (Herrera vs. Barreto, 25 Phil. 245) In other words, JURISDICTION is the authority. If I have no authority, I cannot act. And if I have authority, I can act. Now, if the court has authority, it will try the case and render judgment. Now, what the court will do later, like try the case and render judgment is merely an EXERCISE OF ITS JURISDICTION. So the trial and judgment are all products of the exercise of jurisdiction. You cannot talk of exercise without having first the authority. It is a useless procedure when you say “I will exercise something which I do not have.” Q: Why is it important to distinguish jurisdiction from exercise of jurisdiction? A: Definitely, a court acting as such may commit errors or mistakes. That is why the action of the court can be questioned later in a higher court. A court can commit an error which is either an error of jurisdiction or an error of judgment.
Property of LAKAS ATENISTA
EXAMPLE: Suppose the case for murder is filed in the RTC where the court has jurisdiction. 2. not by certiorari because certiorari is only confined to correcting errors of jurisdiction or grave abuse of discretion. So. A: The following are the distinctions: 1. If it is an error. L11584. it committed several errors. The importance. that is a mistake by the trial court. if the judgment is wrong. the judge has decided to assume jurisdiction.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY.. (Araneta vs. ERROR OF JUDGMENT BAR QUESTION: Distinguish ERRORS OF JURISDICTION from ERRORS OF JUDGMENT. Q: What is the use of distinguishing error of jurisdiction from error of judgment? A: The difference is in the remedy taken. the decision or order on all other questions arising in the case is but an exercise of jurisdiction. And the accused was convicted but actually tingin mo mali man ito. The governing rule is that the remedy of certiorari is not available when the remedy of appeal is available. the court misinterpreting the provision of the RPC saying that this is a requirement. Commonwealth Ins. This is now what you call an error of judgment. or interpretation of evidence. you cannot avoid mistakes being committed like for example. Actually. Pls. ERROR OF JURISDICTION vs. Your remedy is to APPEAL the wrong judgment to a higher court.” which refer to the remedy of CERTIORARI or PROHIBITION. Now what do you call that? When the court without authority assumes authority over the case that is called ERROR OF JURISDICTION – the court committed an error of jurisdiction. 1958. but by resorting to “extraordinary remedies. everything is correct.” So the court denied the motion to quash. it is still an error. So. Co. Geronimo. ERRORS OF JUDGMENT are reviewable by appeal. Eh. you do not say the court committed an error in the exercise of jurisdiction. Ken Sur. The accused. however. Now. suppose a court has jurisdiction over the case but the decision is wrong – it applied the wrong provision of the law. 735) The principle came out in the bar. It is called an error of jurisdiction.) ERRORS OF JURISDICTION are reviewable by certiorari. Do you say the decision of the judge is null and void? NO. where it insists on handling a case when it has no authority. it can be corrected by a higher court. But in the exercise of its jurisdiction. Nocon vs. the court commits an ERROR OF JURISDICTION. “No. check for errors > Jurisdiction In General EXAMPLE: A case of murder was filed in the MTC.) When a court acquires jurisdiction over the subject matter. you cannot Property of LAKAS ATENISTA 8 . This is not an error of jurisdiction because the court has authority. and that is called an ERROR OF JUDGMENT. Errors which the court may commit in the exercise of such jurisdiction are merely ERRORS OF JUDGMENT. this elements was not considered or this element was considered as present. Meaning. Meaning misapplication or misinterpretation of the RPC as well as misinterpretation of the rules of evidence – wrong interpretation of the law. April 28. this is not a requirement for the crime. But in the course of the trial. the judgment is valid kaya lang mali. But when a court commits an error of jurisdiction. ‘yong judge iba man ‘yong libro niya. it is a valid judgment. meaning from the very start mali na. And when the remedy of appeal is lost. Meaning. I have jurisdiction. whereas. And that was also asked in the bar. is that there is a definite procedure for correcting a mistake and other procedures which we will know later where the court commits an error of judgment and an error of jurisdiction. In error of judgment. I can question its actuation not necessarily by appeal. whereas. files a motion to quash because MTC has no jurisdiction over cases of murder. When a court takes cognizance of a case over the subject matter of which it has no jurisdiction. as we will see later. This error should have been raised on ordinary appeal. when a court has no jurisdiction but insists in handling the case. 101 Phil. So walang mali. di ba! Under the law.
1. and each is not a court distinct and separate from the others. can that case later be transferred and continued in Branch 9? A: Ah YES. This is because it commenced somewhere else and it is just reviewing the decision of the said lower court. You are still in the same court. Limitado pa ang power niya. administrative. there is only one court – the RTC of Davao. We do not consider branches as separate courts. masyadong far ranging. 2. Property of LAKAS ATENISTA 9 . 391) b. 2nd Ed. 249. makipot. b. So. 34 Cal. and 3.) APPELLATE JURISDICTION is the power vested in a superior court to review and revise the judicial action of a lower court. Pls. Hahn vs. the court is authorized to hear and try certain specified cases. And when you go over the Judiciary Act. It covers many things whereas the jurisdiction of the MTC.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. Hahn vs. So. TYPES OF JURISDICTION: Types of jurisdiction: 1. personal or mixed. This is because jurisdiction is not with the judge.) SPECIAL or LIMITED JURISDICTION is the authority of the court to hear and determine particular cases only. pp. if the case is filed and is assigned to Branch 8. 91 and 917) One can file the case there for the first time. check for errors > Jurisdiction In General revive it by resorting to certiorari because certiorari is not a substitute for the lost remedy of appeal.) GENERAL JURISDICTION is the authority of the court to hear and determine all actions and suits. whether civil. GENERAL JURISDICTION and SPECIAL OR LIMITED JURISDICTION a. (14 Am. pp. Jur.) ORIGINAL JURISDICTION is the power of the court to take cognizance of a case at its inception or commencement. when a case is filed before a branch. Q: Now. Very narrow bah because it is a court of limited or special jurisdiction. 2. the remedies given by the law are different. Its power is limited. ORIGINAL JURISDICTION and APPELLATE JURISDICTION a. 34 Cal. criminal. (Ballentine’s Law Dict.. Jur. because you never leave the same court. 1959) EXAMPLE: The RTC of Davao is composed of several branches – eleven to twelve judges.) General Jurisdiction and Special or Limited Jurisdiction. 249. in civil cases you will see that the jurisdiction of some courts like the RTC. (14 Am. the trial may be had or proceedings may continue before another branch or judge. (Tagumpay vs. Kelly.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction. A court may have several branches. Moscoso.) Original Jurisdiction and Appellate Jurisdiction. real. But technically. May 29.. Q: In whom is jurisdiction is vested? A: Jurisdiction is vested with the court. L-14723. (Ballentine’s Law Dict. It is with the court itself. It is very broad – to hear and try practically all types of cases. the power of this court is appellate. 2nd Ed.. Kelly. 391) So.. 91 and 917) If one court has the power to correct the decision of a lower court. not in the judge. These are basic terms which you should remember. studying the jurisdiction of the different courts.
check for errors > Jurisdiction In General EXAMPLE: Maya Quitain will file a civil case in the RTC and that court will take cognizance and try it. Q: Sugar JJ filed a collection case against John Vera.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. diyan or doon – Thaddeus Tangkad can file it in this court or in other courts. the case should be filed in the place where the crime was committed. EXCLUSIVE JURISDICTION and CONCURRENT OR COORDINATE JURISDICTION a. puwede din. CA and RTC share concurrent jurisdiction to entertain petitions for habeas corpus. So if Thaddeus files it in court #2. 1962) Example: Thaddeus Tangkad wants to file a case or petition in court. b. i. If he files it in court #3. Ortiz.000. In effect. 58 O. there are also some elements of jurisdiction in criminal cases. the court obtaining jurisdiction first retaining it to the exclusion of the others. Feb. It does not share its power with other courts. 12. puwede. Otherwise. 3. (Villanueva vs. you should file it with the MTC. Maya lost the case.) EXCLUSIVE JURISDICTION is that possessed by a court to the exclusion of all others. puwede. these are the instances when the SC.e. last time we were classifying courts and you learned that the SC is meron palang original jurisdiction. and the third is territorial jurisdiction. Ang RTC obviously is more of an original court than an appellate court. It is now in the CA and you are now invoking its appellate jurisdiction. ELEMENTS OF JURISDICTION IN CIVIL CASES In your study of criminal procedure where you also studied the law on jurisdiction. Can Sugar JJ file it in the RTC? A: NO. Therefore the jurisdiction of the MTC is EXCLUSIVE. Q: Are there certain types of cases or petitions where I can file it directly with the SC or file with the CA or file it with the RTC? A: YES and the best example is a petition for HABEAS CORPUS. he has the right to choose where to file. 1318. Therefore. puwede din dito. but the choice of court is lodged in those persons duly authorized to file the action. Now. The case is now there. After trial.) Jurisdiction over the subject matter . The judiciary law says. CA and RTC exercise concurrent jurisdiction. the proceeding will be illegal. and it assumes now jurisdiction. Jurisdiction over the subject matter. Then. kung ayaw mo diyan. The SC. Jurisdiction over the person of the accused. out na ang court #1 and court #3.000. for an unpaid loan of P5. Pls. Kung gusto mo sa CA. he looks at the law and the law says that you can file it in this court or. so Maya decided to appeal the decision of the RTC to the CA. Q: What are the elements of jurisdiction in civil cases? A: The following: a. if you file a civil case to collect an unpaid loan below P200. In civil cases meron din iyong counterpart. I-file mo SC. Now this is what you call CONCURRENT jurisdiction because you can file the case in two courts or more at your choice.) CONCURRENT or COORDINATE JURISDICTION is that possessed by the court together with another or other courts over the same subject matter.G. out na yong #1 and #2. Kung i–file mo sa RTC. You are invoking the original jurisdiction of the RTC. Property of LAKAS ATENISTA 10 . Ito palang CA also has original jurisdiction. Makapili ka.
523. BUT the rule is. Now. he is more competent than the other judge there. not by agreements of the parties. 291) In other words. you did not file a motion to dismiss. Q: Now. Alright. 20 Phil. action publiciana. Jurisdiction In General Q: Now. May 30. Pls. Property of LAKAS ATENISTA 11 . when I have no jurisdiction?” The ONLY exception is when there is estoppel by laches. it is the jurisdiction over the nature of the action. waiver. Gen. Estoppel or waiver or silence or failure to object cannot vest jurisdiction in the wrong court because jurisdiction over the subject matter is conferred by law. e. “Maganda siguro dito na lang tayo sa MTC.” By agreement. vs Atty. 37 Phil. And when the court has no jurisdiction. The parties cannot agree to have the case submitted to another court.) Jurisdiction over the res. if the nature of the subject matter of the action. check for errors > b. The proceedings become void. Palanca. A: Jurisdiction over the subject matter is the power of the court to hear and determine cases of the general class to which the proceedings in question belongs. we sign an agreement.) But hindi ka nagkibo “Sige lang.” “O sige. offenses punishable by death penalty cannot be tried with the MTC. suppose I will file a case against you in a wrong court. The judgment is not binding. Did the MTC acquire jurisdiction over the case because the parties agreed? A: NO. But both of us believe that the judges of the MTC like Judge Cañete knows more. where will you file it? It should not be filed in the wrong court or else it will be dismissed. and d. Vinson. Actually what you should do there is file a motion to dismiss (or in criminal cases a motion to quash. failure to object (silence). you did not file a motion to quash. I will not complain. doon sa MTC natin i-file. Otibar vs. Annulment cases should be filed in the RTC otherwise it will be dismissed for lack of jurisdiction over the subject matter. Jurisdiction over the subject matter cannot be agreed upon. annulment of marriage. The proceedings are tainted with illegality and irregularity.g. Q: Now.g. This is a matter of legislative enactment which none but the legislature can change. it can be raised at any stage of the proceeding even for the first time on appeal. This is what we call the NATURE OF THE ACTION. And even the parties may not raise it. c.) Jurisdiction over the issues. L-18023. Jurisdiction is conferred by law. JURISDICTION OVER THE SUBJECT MATTER Q: Define jurisdiction over the subject matter. Now. what happens if in a particular case one of these is missing? A: The proceedings become questionable.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. the court motu propio has the authority to dismiss it. It is acquired by or conferred to the court by law – either the Constitution or the Judiciary Law.” So is it okey? Since you did not object. “Why will I burden myself for trying a case. agreements between parties cannot change the law. SIBONGHANOY (April 15. The counterpart of that in Criminal law is e. Jurisdiction cannot be conferred by silence of the parties or by waiver. (MRR Co. did the ‘wrong’ court acquired jurisdiction over the case? A: NO. let’s go over them one by one. Q: How is jurisdiction over the subject matter acquired or conferred? A: Jurisdiction over the subject matter is conferred by law and is never acquired by consent or submission of the parties or by their laches. (Banco EspañolFilipino vs. The issue of jurisdiction was not questioned for an unreasonable length of time. etc. 1968). you know already the various types of civil cases such as actions for nullity of marriage. Ikaw naman hindi ka kumibo. magpirmahan tayo that we will file the case by agreement in the MTC. 1962) It cannot be acquired by an agreement between the parties. the court by itself has the power to dismiss. That is the effect of lack of jurisdiction. as laid down in tile TIJAM vs. A. action reivindicatoria. suppose I want to file a case against you and under the law that should be filed in the RTC.) Jurisdiction over the person of the parties to the case.
Serrano vs. the decision will not bind the parties over whom the court has not acquired jurisdiction. 20 Phil. (2) by service of the warrant of arrest. Q: Even if he is not arrested. After na-arrest. Nell Co.” Eh. Palanca. L-20842. and the DEFENDAN'T – the one being sued.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. 37 Phil. 1967) B. 20 Phil. Edward J.) by his voluntary submission to the jurisdiction of the court. (Cardenas vs. Arestuhin mo muna. you must first arrest him. Camus.) upon service on him of coercive process in the manner provided by law. vs Atty. June 23. “I was not able to give my side. (MRR Co. Muñoz Motors. when we say jurisdiction over the parties. he is automatically within the jurisdiction of the court. vs Atty. Upon filing his complaint in court. Gen. (Banco Español-Filipino vs. 523) Q: How does the court acquire jurisdiction over the defendant? A: Jurisdiction over the person of the defendant is acquired: 1. You cannot try him without being arrested. the court must obtain jurisdiction over the person of the plaintiff and the defendant. bakit ka naglayas? Pasensiya ka! That’s the concept of trial in absentia. It must be that the court must acquire jurisdiction over this person. Of course we cannot enforce the decision until we caught him. Gen. JURISDICTION OVER THE PERSON Q: Define jurisdiction over the person. 523) First Instance: UPON SERVICE ON HIM OF COERCIVE PROCESS IN THE MANNER PROVIDED BY LAW The first instance when a court acquires jurisdiction over the person of the defendant is through a service upon him of the appropriate court process which in civil law is called service of summons. can the court try an accused without the accused being arrested? A: Of course not. The same thing in civil cases. A: Jurisdiction over the person is the power to render a personal judgment through the service of process or by voluntary appearance of a party during the progress of a cause. Otherwise. L19191. Normally. we are referring to the PLAINTIFF – the one suing. That is why jurisdiction over the parties is the power of the court to render a personal judgment which will bind the parties to the case. This is the counterpart of warrant of arrest in criminal procedure. Then puwede siyang mag-bail kung gusto niya. I was not able to confront and cross-examine the witness against me. Q: How does the court acquire jurisdiction over the plaintiff? A: Jurisdiction over the person of the plaintiff is acquired from the moment he files his complaint. 27. It does not depend upon the pleas or defenses of the defendant in his answer or motion to dismiss. Property of LAKAS ATENISTA 12 . You must arrest him and arraign him first. naglayas. There will be a valid decision because the court has already acquired jurisdiction. because the court has not acquired jurisdiction over his person. 291) Q: In criminal cases. Cubacub. how does the court acquire jurisdiction over the person of the accused? A: By having him (1) arrested. What is the use of rendering a decision if the parties are not bound? It must have effect. vs. But for trial in absentia to proceed in criminal cases. You say. Pero pagnahuli. (MRR Co. Nov. 1962. check for errors > Jurisdiction In General Q: How is jurisdiction over the subject matter determined? A: It is determined by the allegations of the complaint. 1965. July 30. For the decision to be valid. L-25547. ka diretso ka na sa prisuhan. or (3) by his voluntary surrender. nagsibat? Bahala ka i-try in absentia. Pls. or 2.
The warrant cannot have its effect even if it was issued. the court issues a warrant. Second Instance: BY HIS VOLUNTARY SUBMISSION TO THE JURISDICTION OF THE COURT Another way to acquire jurisdiction over the person of the accused even if the accused is not arrested is through VOLUNTARY SURRENDER. What is the res? A: The res is the status of the child because it is the object of the litigation. Did the court acquire jurisdiction over the person of the defendant? A: YES. the arresting officer will arrest the accused. (Banco Español-Filipino vs. Property of LAKAS ATENISTA 13 . In civil cases. and is obtained by seizure under legal process of the court whereby it is held to abide such order as the court may make. The court acquires jurisdiction by ENFORCEMENT OF SERVICE for effective arrest of the accused pursuant to the warrant of arrest. or lack of objection. judgment cannot be enforced because the court did not acquire jurisdiction over his person. whereas jurisdiction over the subject matter cannot be cured by failure to object or by silence. What is the res of the case? A: The piece of land is the res of the case. if the same had not been served. Q: Distinguish jurisdiction over the subject matter from jurisdiction over the person of the defendant? A: Lack of jurisdiction over the person of the defendant may be cured by waiver. she filed a case against her father for compulsory recognition. Q: However. (MRR Co. Gen. 523) This is unlike the jurisdiction over subject matter wherein the case could be dismissed upon filing in the wrong court. A: Jurisdiction over the res is that acquired by the court over the property or the thing in contest. Palanca. any judgment rendered by the court will not bind him. A court cannot try and convict an accused over whose person the court never acquired jurisdiction. how can the warrant of arrest be effected? A: Once an information has been filed in court. Meaning.” Q: Define jurisdiction over the res. the jurisdiction over your person was acquired by waiver. i. The SC said that when you remained silent despite the defects. Gen. he could question the jurisdiction of the court over his person.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. JURISDICTION OVER THE RES RES is the Latin word for “thing. 291) Q: A and B quarreled over a piece of land. by effecting the arrest of the accused by virtue of a warrant. Q: Defendant was served with summons improperly or irregularly therefore. In criminal cases. For example. Atty. your silence has cured the defect.e. check for errors > Jurisdiction In General So if the defendant was never served with summons. the court acquires jurisdiction over the person through the issuance of a warrant of arrest. 20 Phil. silence or failure to object. because jurisdiction over the person can be acquired by: a. vs. waiver or consent. Pls. he did not question the jurisdiction of the court despite the defective service of court process. b. Then. the court will recall the same. The same principle holds true in criminal cases. But instead. vs. Thus. Weng Kolotski is an illegitimate child. 20 Phil. or consent. 37 Phil. it is the voluntary submission of the defendant to the jurisdiction of the court. Even if he is the loser in the case. She wants to be acknowledged by her father. 523) C. consent.) lack of objection by the defendant. Atty. res may not be tangible. Q: In criminal cases. (MRR Co.) consent. or c.) waiver. Since there is no more need for the warrant.
D. we will now know what they are quarreling about. That is where you state your position. whether the obligation still existing or is it already extinguished by payment. So that is the issue. In other words. Pls. The res here is where the judgement can be enforced. the court is supposed to rule on the issue raised and not those not raised by the parties. according to your answer. I already paid him. Q: Suppose after the trial. the court should only rule on what the parties raised in their pleadings. then acquisition of jurisdiction over the res confers jurisdiction to the court even if the defendant is abroad. the extra-territorial service of summons is not for the purpose of acquiring jurisdiction over the person of the defendant but is merely how to comply with the due process clause. 73 Phil. The court should only rule on what the parties claim. But based on a SC ruling. the court said that the obligation has been extinguished by condonation.Pleadings are the written allegation of the parties of their respective claims and defenses submitted to the court for trial and judgment. That is a pleading.” Now Q: Now what is the issue? A: The issue is. So you prepare your answer in writing in court and that is also called a pleading. check for errors > Jurisdiction In General Q: Why is jurisdiction over the res important? A: Sometimes it is a substitute for jurisdiction over the person. Property of LAKAS ATENISTA 14 . Is the decision correct? A: The decision is WRONG because the parties did not raise condonation as the issue. 484) Q: What are pleadings? A: They are governed by Rule 6.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. The case was decided on an issue that was not even raised by the parties. Diaz. There are instances when the court cannot acquire jurisdiction over the defendant like when he is abroad. “No. So. JURISDICTION OVER THE ISSUES Q: Define jurisdiction over the issues. Rule 6. you never paid him. So that is where we will know what we will try in this case. So the court never acquired jurisdiction over the issue. and the decision now it was extinguished by condonation. But if the court acquires jurisdiction over the res. there is an extra-territorial service of summons. That is why in Rule 14. the parties before the trial file in court pleadings. Section 1 . For example: Paloy says you borrowed money. In a civil case. You say that you do not owe him anything because you already paid him. That is what we call jurisdiction over the issue. Now where did the court get that? Your defense is payment. EXAMPLE: Even if the defendant is a non-resident who is out of the country and the object of litigation is here in the Philippines. Then you have to answer Paloy’s complaint in court. (Reyes vs. jurisdiction over the res becomes a substitute over the person. Even if the court cannot acquire jurisdiction over the person of the defendant. EXAMPLE: Francis “Paloy” Ampig will sue you to collect a loan. A: Jurisdiction over the issue is the authority to try and decide the issues raised by the pleadings of the parties. Based on what Paloy said in his complaint and your answer. the case may go on. So Paloy will file a complaint in court.
Pls.municipalities such as Digos.In Manila MTCC. File ka naman ng sagot mo. 4.cities outside Manila e. Q: Distinguish jurisdiction over the subject matter and jurisdiction over the issues. In criminal cases. One is acquired upon filing of the complaint and the other one is acquired after the filing of the answer by the defendant. the person. also known as the Code of Muslim Personal Law). Panabo MCTC.The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. These are: 1. 2. Cebu. HIERARCHY OF THE COURTS In the 1996 BAR: One of the questions in Remedial Law was: State the hierarchy of the Courts in the Philippines. the court has acquired jurisdiction over the subject matter. For a decision to be effective. A: The following are the distinctions: 1.) Special courts There are also Special Courts which are also considered part of the judiciary.circuitized areas because it is impractical and expensive to maintain one MTC in every municipalities. the res in case the defendant is not around. a.) Jurisdiction over the subject matter is the power to hear and try a particular case. jurisdiction over the issues is acquired upon filing of a complaint. Family Courts We are concerned only of the jurisdiction of the REGULAR COURTS.” Then the court has now acquired jurisdiction over the issue. Court of Tax Appeals (RA 1125) 2. bayad na. EXAMPLE: I am the plaintiff. you are summoned. and the last is jurisdiction over the issue. Sandiganbayan (PD 1486 as amended) 3.) Jurisdiction over the subject matter is acquired upon filing of the complaint. the court must acquire the jurisdiction over the subject matter.) Regular courts SUPREME COURT COURT OF APPEALS REGIONAL TRIAL COURTS MetTC MTCC MTC MCTC Note: MetTC.g. “Wala akong utang. From the moment I file the case. Davao MTC. b. Sharia District Courts and the Sharia Circuit Courts (PD 1083 . Property of LAKAS ATENISTA 15 . while Jurisdiction over the issues of the case is acquired upon filing of the answer which joins the issues involve in the case. Now. while Jurisdiction over the issues is the power of the court to resolve legal questions involved in the case. I will file a case in court to collect an unpaid loan. check for errors > Jurisdiction In General Take note that jurisdiction over the issues in civil cases is acquired after defendant has filed an answer.
The 1997 Rules of Civil Procedure 2002 Edition < DRAFT COPY. Pls. check for errors > Jurisdiction In General published by: LAKAS ATENISTA 1997 – 1998: FOURTH YEAR: Anna Vanessa Angeles • Glenda Buhion • Joseph Martin Castillo • Aaron Philip Cruz • Pearly Joan Jayagan • Anderson Lo • Yogie Martirizar • Frecelyn Mejia • Dorothy Montejo • Rowena Panales • Regina Sison • Ruby Teleron • Marilou Timbol • Maceste Uy • Perla Vicencio • Liberty Wong • Jude Zamora • Special Thanks to: Marissa Corrales and July Romena SECOND YEAR: Jonalyn Adiong • Emily Aliño • Karen Allones • Joseph Apao • Melody Penelope Batu • Gemma Betonio • Rocky Cabarroguis • Charina Cabrera • Marlon Cascuejo • Mike Castaños • Karen de Leon • Cherry Frondozo • Jude Fuentes • Maila Ilao • Ilai Llena • Rocky Malaki • Jenny Namoc • Ines Papaya • Jennifer Ramos • Paisal Tanjili LAKAS ATENISTA 2001–2002: REVISION COMMITTEE: Melissa Suarez • Jessamyn Agustin • Judee Uy • Janice Joanne Torres • Genie Salvania • Pches Fernandez • Riezl Locsin • Kenneth Lim • Charles Concon • Roy Acelar • Francis Ampig • Karen Cacabelos • Maying Dadula • Hannah Examen • Thea Guadalope • Myra Montecalvo • Paul Ongkingco • Michael Pito • Rod Quiachon • Maya Quitain • Rina Sacdalan • Lyle Santos •Joshua Tan • Thaddeus Tuburan • John Vera Cruz • Mortmort Property of LAKAS ATENISTA 16 .
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