REFRESHER ON JURISDICTION

OF TRIAL COURTS

Justice HILARION L. AQUINO

 I. General Matters
A. Concept
1. Etymology
Juris (right) and Diction (saying) literally, “I speak by the law.”
2. Jurisdiction is the authority to hear and the right to act in a
case.
General Matters, continuation …

B. Classifiction
1. General and Limited (Special)
2. Original and Appellate
3. Exclusive and Concurrent
4. Civil and Criminal
General Matters, continuation …

C. Some Doctrines
1. Sibonghanay Docrine (Estoppel by Laches, Tijam vs. Sibonghonay, 23 SCRA 20
[1968])
2. Primary Jurisdiction (Industrial Enterprises, Inc. vs. CA, 184 SCRA 426 [1990]
Exhaustion of Administrative Remedies.
3. Judicial Stability – non-interference of a co-equal court (Doctrine of Non
Interference)
4. Doctrine of Ancilliary Jurisdiction
5. Doctrine of “in aid of Appellate Jurisdiction”
General Matters, continuation …

D. Others Terms
1. Delegated Jurisdiction
2. Jurisdictional Allegations
3. Equity Jurisdiction
4. Residual Jurisdiction
General Matters, continuation …

E. Differences
1. Jurisdiction and Exercise of Jurisdiction – Effects of Errors
2. Jurisdiction and Judicial Power (Sec. 1, Article VIII, Constitution)
3. Jurisdiction and Exhaustion of Administrative Remedies (Complaint does not
state a cause of action)

4. Jurisdiction over the subject matter and jurisdiction over the subject
(subject person and property beyond the jurisdiction of the courts)

5. Jurisdiction and Venue

General Matters, continuation …

F. Matters that in some cases determine Jurisdiction

1. Question of Law and Question of Fact – Appellate
Jurisdiction
2. Action in rem, quasi in rem and in personam – The nature of
relief that a court with jurisdiction can grant. (binds the whole world; binds only
the parties)

3. Privity of contract and privity of realty – jurisdiction of court

(real action and personal action)
 II. Civil Jurisdiction
A. Different Aspects of Civil Jurisdiction
1. Jurisdiction over the subject matter (Insular Savings Bank vs. Far East Bank and Trust Co. [June 22, 2006])

2. Jurisdiction over the parties (Sharruf vs. Bubla, 12 SCRA 79 [1969])

3. Jurisdiction over the Issues (Pe vs. Intermediate Appellate Court, 195 SCRA 137 [1991])
4. Jurisdiction over the Res (Lucas vs. Lucas, 650 SCRA 667 [2011])
5. Territorial Jurisdiction (Manila Railroad Co. vs. Attorney General, 20 Phil. 532)
6. Jurisdiction over the Case (Home Guarantee Corp. vs. RII Builders, Inc. 652 SCRA 469 [2001])
Civil Jurisdiction, continuation …

A.1 Different Aspects of Criminal Jurisdiction

1. Jurisdiction over the subject matter;

2. Jurisdiction over the accused;
3. Jurisdiction over the territory;
Civil Jurisdiction, continuation …

B. Jurisdiction over the Subject Matter

1. Characteristics
1.1 Conferred by law (B.F. Homes, Inc. vs. Meralco, 636 SCRA 495 [2010])

1.2 It is substantive law; all other aspects of jurisdiction are procedural

rules
1.3 If not qualified, the term “jurisdiction” means jurisdiction over
the subject matter.
Jurisdiction over the Subject Matter, continuation …

1.4 Cannot be the subject of agreement of parties (Macahdo vs. Gatdula, 612
SCRA 546 [2010])

1.5 Can be raised at any state of the proceeding (Insular Hotel Employees

Union-NFL vs. Waterfront) except when the question of jurisdiction

depends upon a question of fact [example: assessed value of the realty [in which case, this can only
be raised at the earliest time)

1.6 No jurisdiction – all proceedings are void (Afdal vs. Carlos, 636 SCRA 389)
Jurisdiction over the Subject Matter, continuation …

1.7 No jurisdiction – court can motu proprio dismiss the case (Sec. 1, Rule 9, RC)
1.8 A party may waive part of civil claim to bring it under the jurisdiction of a
lower court.
1.9 The court which has jurisdiction over a case on the basis of the allegations in the
complaint is not divested of such jurisdiction if in the decision of the court, the
proper cout to have jurisdiction is another court.
1.10 The grant of jurisdiction for a court includes the grant of authority to avail
of means necessary to enforce its jurisdiction.
Jurisdiction over the Subject Matter, continuation …

2. How Determined

2.1 From the allegations of the complaint (Dazon vs. Yap, 610
SCRA 79 [2010])

2.2 Law in force at the comment of the action (Mercado vs.

Ubay, 308 SCRA 167 [1999])
Civil Jurisdiction, continuation …

C. Jurisdiction over Person of Parties

1. How Acquired:
1.1 Plaintiff or petitioner – by his filing an action;
1.2 Defendant – service of summons/his voluntary
submission of his person to the jurisdiction of the court.
Jurisdiction over the Parties, continuation

2. When Acquired
2.1 Accion in personam –
2.2 Accion in rem or quasi-in rem – jurisdiction over
person is not required if the court is not required to render
personal judgment against defendant.
Civil Jurisdiction, continuation …

D. Jurisdiction over Issues

1. Meaning – The competence of a court to resolve an issue in a case
over which It has jurisdiction over its subject matter (Pe vs. IAC, 195 SCRA 137)
Notes:
* The legal and factual issues in a case are defined in the pre-trial order
* The court can act only on issues expressly defined in the pre-trial order but
also on those which are implied therefrom or necessarily connected therewith.
Jurisdiction over Issues, continuation …

2. Examples:
2.1 Interdictal Cases
a) FLC is an interdictal case cannot act upon the issue of actual damages except for reasonable
compensation for the occupancy of the land in question or the rentals threon and attorney’s fees.
b) Interdictal cases, the FLC can resolve the following issues:
i. Whether or not there is a lease contract between the parties and whether or not it is still in
effect.
ii. Whether or not the defendant can ask compensation for improvments he has introduced on the
property in question. (Alvir vs. Vera, 230 SCRA 357)
iii. Fix the period or the lease (Ramirez vs. Chit, 221 SCRA 11364)
Jurisdiction over Issues, continuation …

2.2 Accion Publiciana – the court has no jurisdiction to resolve the issues of:
i) Identity of the heirs of the decedent
ii) Proof of filiations
iii) Composition of the estate of the decedent
iv) Claim against the estate of the decedent (Apolinario vs. CA, G.R. 129103, April 22, 2003)

v) Validity of transfers inter vivos made by the decedent in favor of his heirs as
advances from the legitime (Natchen vs. CA, G.R. 133000, Oct. 2, 2001) Only the probate court can
deal with these issues.
Jurisdiction over Issues, continuation …

2.3 Certiorari – In a petition for certiorari; the court cannot resolve a

motion for execution pending appeal of the decision of the lower
court which is the subject of the petition.
2.4 Issues Over which Courts have or do not have Jurisdiction to Resolve:
1. In case of quieting of title, the court can rule on issues like
claimant’s status, filiation and heirship. (Republic vs. Mongatara, 624 SCRA 360
[2010])
Jurisdiction over Issues, continuation …

2. A Special Commercial Court has jurisdiction to resolve issues

of ownership, possession and validity of contracts (Strategic Alliance
Development Corp., 635 SCRA 380 [2011])
3. In an action to establish illegitimate filiation of the petitioner,
the Court, on motion, has authority to order the respondent putative father to
submit to DNA testing provided that in a preliminary hearing, a prima
facie evidence of possibility of paternity is established. (Lucas vs. Lucas,
650 SCRA 667 [2004])
Jurisdiction over Issues, continuation …

4. A probate court, through it has no jurisdiction to act upon

questions of title or ownership can however make a
provisional determination on questions of title or ownership or
properties for purposes of inclusion or exclusion from the inventory
of properties of decedent (Gregorio vs. Madarung, 612 SCRA 340 [2010]).

5. The court in which the motion for issuance of the writ of

execution is pending has no authority to determine the issue of
ownership raised by third persons (PNB vs. CA, G.R. 1352, Jan. 14, 2007)
Jurisdiction over Issues, continuation …

6. In an action for reconveyance, and other ordinary civil actions, the court
cannot make a determination of heirship. That issue is proper in probate
proceedings. (Republic vs. Mangotara supra)
Note: When the probate proceedings have already been terminated but a
putative heir has lot the right to be declared therein as a co-heir, then an
ordinary civil action can be brought for his declaration as heir in order to
bring ab out the amendment of the partition or distribution on adjudication
of a property or properties belonging to the estate of the deceased person.
(Portugal vs. Betran, 467 SC RA 184 [2005])
Civil Jurisdiction, continuation …

E. Jurisdiction Over the Res

1. Meaning – The power of the court over the thing before it without
regard to the persons who may be interested therein. The presence of the res
within the territorial jurisdiction of the court confers upon it jurisdiction over
the case. Res need not be a property. It may be a status of a thing (20 Am. Jr. 2
nd

Court, 120, 1995)

2. How Acquired – Seizure of the property under legal process whereby

it is brought in the actual custody of the law. (Attachment proceedings)
Civil Jurisdiction, continuation …

F. Jurisdiction over the Case

1. Basic Premises:
1.1 Fling of a case in court
1.2 Payment of docket fee when required
1.3 Case must be justiciable
1.4 Compliance with the pre-condition for filing
a) Earnest effort at compromise (cases between members of a family)
b) Katarungan Pambaranggay:
Civil Jurisdiction, continuation …

G. Jurisdiction to Grant Provisional Remedies.

All courts have jurisdiction to grant provisional remedies either in original
action or appellate proceedings.
Exceptions: Provisional remedy of alimony pendente lite can be granted
only by the Family Court or in regular courts in a criminal action of rape
when the crime resulted in the birth of a child.
Civil Jurisdiction, continuation …

H. Original Jurisdiction in Special Civil Actions:

1. Interpleader – MC or RTC depending upon the cause of action and the
venue of the property claimed or involved.
2. Declaratory Relief – exclusively, RTC;
3. Review of Decision of COMELEC and COA – exclusively SC;
4. Certiorari, Prohibition, Mandamus – Concurrent Jurisdiction of the
RTC, CA, SB, CTA and SC. The doctrine of Hierarchy of Courts should however
be observed.
Civil Jurisdiction, continuation …

5. Quo Warranto – MTV, RTC, CA, SC

6. Expropriation – exclusively RTC;
7. Foreclosure of Real Estate Mortgage – RTC/MTC
8. Partition – MTC, RTC
9. Contempt – all courts
Note: The value of the mortgaged property and the loan secured should be under the
jurisdiction of the MTC but in the RTC it is enough that it has jurisdiction over one of
the said factors (Grand Development Corp. vs. Tutaan, 79 SCRA 189 [1989])
Civil Jurisdiction, continuation …

I. Original Jurisdiction in some Ordinary Civil Actions

1. Injunction – RTC (PAGCOR vs. Fontana Development Corp., 622 SCRA 461 [2010])
2. Breach of Contract (RTC id)
3. Action for Quieting of Title – MTC/RTC (Republic vs. Mangotara, 624 SCRA 360 [2010])

4. Action for Reconveyance – MTC/RTC (id)

5. Action for Recession or Annulment of Contract – RTC (Urgria vs. CA, 654 SCRA
314 [2011])
 III. Criminal Jurisdiction
A. In General
1. Requisites for the exercise of criminal jurisdiction (Manila Railroad
Co. vs. Atty. Gen., 20 Phil. 562)

a. Jurisdiction over subject matter of the offense (Reyes vs.

Diaz, 73 Phil. 484)

b. Territorial Jurisdiction (Uy vs. Court of Appeals, 276 SCRA 367)

c. Jurisdiction over person of the accused (Loyola vs. Rodriguez, 86
SCRA 300 [1978])
Criminal Jurisdiction, continuation …

2. Jurisdiction over the Subject Matter

2.1 Elements
a Nature of the offense
b Imposable Penalty
2.2 Doctrinal Rules
a. The court has jurisdiction over the subject matter if the criminal act charged is
punished by law with a penalty which pertains to the jurisdiction of a courts. (U.S. vs.
Jimenez, 41 Phil. 1)
Criminal Jurisdiction, continuation

b) The jurisdiction of a court is not affected by the result of

evidence so that if the evidence proves a crime lesser than the crime
charged, which belongs to the jurisdiction of a lower court, the court
can render judgment imposing the penalty of the lesser offense. (People
vs. Purisima, 69 SCRA 341 [1996])

c) When the court has jurisdiction over the subject

matter, it has also jurisdiction to determine the disposition
of ins truments used in its commission (U.S. vs. Bruchez, 28 Phil. 305)
Criminal Jurisdiction, continuation …

3. Territorial Jurisdiction
3.1 Concept – The place where the offense or any of its essential
ingredients must be within the Territory assigned to a court by law.
3.2 Doctrinal Pronouncements:
When the place of the commission of the offense is not shown in the
complaint or information of the place may be established by evidence and if
this evidence is not objected, then the court can act upon and render judgment
thereon. (U.S. vs. Celis, 9 Phil. 726)
Criminal Jurisdiction, continuation …

4. Jurisdiction over Person of Accused

4.1 Concept – The jurisdiction over the person of the accused is acquired by the
court upon his arrest or his voluntary appearance ( Valdepenas vs. People, 16 SCRA 871 [1966])
4.2 Doctrinal Pronouncements:
Any objection to the procedure leading to the arrest of a person must be raised
before the accused enters his plea otherwise the objection is waived. (People vs. Marquez, 27
SCRA 808 [1969]) This rule on waiver however applies only if accused enters a
voluntary plea and so, if he refuses to make a plea as a result of which the court enters
a plea of “not guilty” for him, there is no waiver (Leviste vs. Alameda, 626 SCRA 515 [Aug. 3, 2010])
Criminal Jurisdiction, continuation …

5. Criminal Jurisdiction, how determined

a) Allegations in the Complaint/Information (Buaya vs. Polo, 160
SCRA 471 [1981])

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 vs.
Moya, 169 SCRA 838 [1988])
Criminal Jurisprudence, continuation …

B. Some Important Decisional Rules

1. In criminal cases venue is an element of jurisdiction. (Uy vs. Court of Appeals, 276 SCRA 367
[1997])

2. If the imposable penalty of the crime charged is within the jurisdiction of the
court then the court has jurisdiction even if the penalty it may have to impose on the
basis of the evidence is below its jurisdiction. (US vs. 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. (US
vs. Bruchez, 28 Phil. 305)
Criminal Jurisprudence, continuation …

C. Specific Criminal Jurisdiction of Trial Courts:

1. Municipal Courts (MeTC, MTCC, MTC, MCTC)
1.1 Regular Procedure
a) Imposable penalty of crime does not exceed 6 years.
b) Crimes committed by public officers under the Anti Graft and Corrupt Practices
Act and the R.P.C. – salary grade 27 and imposable penalty does not exceed 6 years.
c) Damage to property through criminal negligence when the only penalty is fine
not exceeding Php 10,000.00.
Specific Criminal Jurisdiction of Trial Courts, continuation …

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 Php1,000.00 fine
d) Violation of BP 22
e) Damage to property through criminal negligence when the only penalty is fine
not exceeding Php10,000.00
Specific Criminal Jurisdiction of Trial Courts, continuation

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)