Professional Documents
Culture Documents
court to hear, try and decide a case; the complaint or petition; XPN- if no juridical
power to enforce its determination, as the capacity, it will not confer jurisdiction; XPN
judgement or decree is the end for which to the XPN- when equitable justice
the jurisdiction is exercised, and it is only demands or when barred by estoppel
through the judgement and its execution Defendant: obtained by a valid service of
that the power of the court is made summons upon him or by his voluntary
efficacious and its jurisdiction complete. submission to the courts authority;
required only in an action in personam;
-Jurisdiction is the power of the court, not when his appearance is to question the
the judge jurisdiction- not considered as voluntary
submission
Test of Jurisdiction- whether the court has
the power to enter inquiry Jurisdiction over the issue
Issue- disputed point or question to which
-Jurisdiction over subject matter cannot be the parties to an action have narrowed
waived, enlarged or diminished by down their several allegations and upon
stipulation of the parties which they are desirous of obtaining a
decision
Error of judgement-one which the court
may commit in exercise of jurisdiction; How jurisdiction over the issue is
correctible by appeal conferred and determined
It is conferred and determined by the
Error of jurisdiction- one where the act pleadings of the parties
complained of was issued by the court It may also be conferred by waiver or
without or in excess of jurisdiction; failure to object to the presentation of
correctible only by the extraordinary writ evidence on a matter not raised in the
of certiorari under Rule 65 pleadings
How jurisdiction over the subject matter is Original jurisdiction- courts exercising
determined jurisdiction in the first instance
-by allegations of the complaint regardless
of whether or not the plaintiff is entitled to Appellate jurisdiction- superior courts
his claims asserted therein reviewing and deciding cases previously
decided by a lower court
Jurisdiction over the parties
Exclusive jurisdiction- where one court has Manila, where such assessed value does
the power to try a case to the exclusion of not exceed Fifty thousand pesos
other courts (P50,000.00) exclusive of interest,
damages of whatever kind, attorney's
Concurrent jurisdiction- where two or more fees, litigation expenses and
courts have jurisdiction over a specific costs: Provided, That value of such
case property shall be determined by the
assessed value of the adjacent lots. (as
Jurisdiction over 1st level courts amended by R.A. No. 7691)