Hannah Cris A.

Echavez
CIVIL Procedure 1. Inherent Powers of the Court Section 5 and 6 Rule 135 SEC. 5. Inherent powers of courts. - Every court shall have power:chanroblesvirtuallawlibrary 4.

Remedial Law
Error of Judgment v Error of Jurisdiction Error of Judgment When a court acquires jurisdiction over the subject matter, the decision or order on all other questions arising in the case is but an exercise of jurisdiction. Errors which the court may commit in the exercise of such jurisdiction are merely errors of judgment. is reviewable appeal. by Error of Jurisdiction When a court takes cognizance of a case over the subject matter of which it has no jurisdiction, the court commits an error of jurisdiction.

(a) To preserve and enforce order in its immediate presence; (b) To enforce order in proceedings before a person or persons empowered to conduct a judicial investigation under its authority; (c) To compel obedience to its judgments, orders and processes, and to the lawful order of judge out of court, in a case pending therein; (d) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a case before it, in every manner appertaining thereto; (e) To compel the attendance of persons to testify in a case pending therein; (f) To administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the exercise of its powers; llibrary (g) To amend and control its process and orders so as to make them comformable to law and justice; (h) To authorize copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings. SEC. 6. Means to carry jurisdiction into effect. When by law, jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes and other means necessary to carry it into effect may be employed by such court or officer; and if the procedure to be followed in the exercise of such jurisdiction is not specifically pointed out by law or by these rules, any suitable process or mode of proceeding may be adopted which appears conformable to the spirit of said law or rules.cha
2. Enforceability of Court Writs & Processes Interim Rules

is reviewable certiorari.

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5. Jurisdiction of the Supreme Court Article VIII of the 1987 Constitution

Section 5. The Supreme Court shall have the following powers: 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c. All cases in which the jurisdiction of any lower court is in issue. d. All criminal cases in which the penalty imposed is reclusion perpetua or higher. e. All cases in which only an error or question of law is involved.

3. Writs and processes. --(a) Writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction issued by a regional trial court may be enforced in any part of the region. (b) All other processes, whether issued by a regional trial court or a metropolitan trial court, municipal trial court or municipal circuit trial court may be served anywhere in the Philippines, and, in the last three cases, without a certification by the judge of the regional trial court."
3. Jurisdiction is the authority to decide a case Exercise of Jurisdiction Where there is jurisdiction over the person and the subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction.