Professional Documents
Culture Documents
3. Yes
The court can decline to decide a case
Forum non conveniens is the exception to
the rule that it is the courts duty to decide
a case when it has jurisdiction to the
same.
4. Yes
The effect of lack of jurisdiction is that the
decision becomes legally void
Even if the court believes,
in
good faith that it has jurisdiction over a
subject matter,
if by law it has
jurisdiction,
then the decision
rendered is still void
7.
Jurisdiction is not the same as the exercise of
jurisdiction.
8.
9.
There is lack of jurisdiction when the court
or tribunal is not vested by law with
authority or power to take cognizance of a
case. On the other hand, excess of
jurisdiction presupposes the existence of
an authority for the court to assume
jurisdiction over a case but in the process
of the exercise of that authority, it acts
beyond the power conferred upon it
Or
A court or tribunal acts without jurisdiction
if it does not have the legal power to
determine the case; where the
respondent, being clothed with the power
to determine the case, oversteps its
authority as determined by law, it is
performing a function in excess of its
jurisdiction
10.
11.
12.
Jurisdiction over the subject matter is
determined by the allegation in the
complaint
The allegations must comprise of
concise
statement of the ultimate facts constituting
the plaintiffs cause of action.
OR
13.
14.
No.
Jurisdiction over the subject matter is not
affected by the pleas or theories set up by
the defendant in an answer or a motion to
dismiss
Jurisdiction is determined by the
allegations in the complaint
15.
Yes
To ascertaining whether the court has
jurisdiction,
the averments of the
17.
No.
The defenses and the evidence do not
determine jurisdiction
OR
Jurisdiction is determined by the
allegations of the complaint and is not
affected by the pleas or theories set
up by the defendant in his motion to
dismiss or answer
18.
No.
The Municipal Trial Court does not lose its
jurisdiction over an ejectment case
by the mere allegation that the
defendant asserts ownership over the
litigated property
No.
20. No.
The Regional Trial Court did not lose
jurisdiction
21.
No.
MTC cannot render judgment
Because it turned out that the recoverable
amount is P1M,
which is not within
the province of MTC to resolve.
The complaint was seeking to recover a
loan amounting to P300,000,
originally filed in MTC.
However,
after a consideration of the
evidence,
it turned out the
recoverable amount is P1M.
In this case, MTC cannot render the
judgment since it lacks jurisdiction
22.
No.
This is because it is an ejectment case.
Generally,
in determining whether or
not it has jurisdiction over the complaint
before it,
the court, as a rule, need
not look beyond the allegations of the
complaint
But this rule is not applied with strictly in
ejectment cases
where the
defendant averred the defense of
the existence of a tenancy relationship
between the parties.
OR
OR
23.
NO.
The allegation of tenancy in the
defendants answer did not automatically
deprive the MCTC of its jurisdiction
because the jurisdiction of the court over
the nature of the action and the subject
matter thereof cannot be made to depend
upon the defenses set up in the court or
upon a motion to dismiss.
24.
No.
courts cannot and will not resolve a
controversy involving a question within
the jurisdiction of an administrative
tribunal, especially when the question
demands the sound exercise of
administrative discretion
requiring
OR
if a case is such that its determination
requires the expertise, specialized
Yes.
It is settled that findings of fact of quasijudicial bodies, which have acquired
expertise because their jurisdiction is
confined to specific matters, are
generally accorded not only respect, but
also finality, especially when affirmed by
the Court of Appeals
26.
No,