Jurisdiction is the power and authority of the court to
hear, try and decide a case.
Test of jurisdiction whether the court has the power to
enter into the inquiry and not whether the decision is
right or wrong.
Effect of lack of jurisdiction GR: proceedings conducted
or decisions made by a court are legally void where
there is an absence of jurisdiction over the subject
matter
Aspects of jurisdiction
a) over the subject matter
b) parties
c) issues
d) res or thing involved
Errors of jurisdiction v. Errors of judgment
Errors of judgment are correctible by appeal; errors of
jurisdiction are correctible only by the extraordinary
writ of certiorari.
An error of jurisdiction is one where the act complained
of was issued by the court without or in excess of
jurisdiction.
An error of judgment presupposes that the court is
vested with jurisdiction over the subject matter of the
action but, in the process of exercising that jurisdiction,
it committed mistakes in the appreciation of the facts
and the evidence leading to an erroneous judgment.
Lack of jurisdiction v. Excess of jurisdiction
There is lack of jurisdiction when the court or tribunal is
not vested by law with authority or power to take
cognizance of the case.
Excess of jurisdiction presupposes the existence of an
authority for the court to assume jurisdiction over a
case but, in the exercise of that authority, it acted
beyond the power conferred upon it.
Jurisdiction v. Cause of action
Jurisdiction is the power and authority of a court while
cause of action is the act or omission by which a party
violates a right of another.
Jurisdiction over subject matter is the power to deal
with the general subject involved in the action, and
means not simply jurisdiction of the particular case then
occupying the attention of the court but jurisdiction of
the class of cases to which the particular case belongs. It
is the power or authority to hear and determine cases
to which the proceeding in question belongs.
How jurisdiction over the subject matter is conferred
It is conferred by law which may be either the
Constitution or a statute.
Consequences of the rule that jurisdiction is conferred
by law
a) Cannot be conferred by the administrative
policy of any court
b) Cannot be conferred by a court’s unilateral
assumption of jurisdiction
c) Cannot be conferred by an erroneous belief by
the court that it has jurisdiction
d) Cannot also be conferred by the parties
e) Cannot be granted by agreement of the parties,
acquired through, or waived, enlarge or
diminished by, any act or omission of the
parties
f) Cannot be conferred by the parties’ silence
acquiescence or consent
How jurisdiction over subject matter is determined –
by the allegations of the complaint
Doctrine of primary jurisdiction Courts will not resolve
a controversy involving a question which is within the
jurisdiction of an administrative tribunal, especially
where the question demands the exercise of sound
administrative discretion requiring the special
knowledge, experience and services of the
administrative tribunal to determine technical and
intricate matters of fact.
Exceptions to the doctrine of primary jurisdiction
a) where there is estoppel on the part of the party
invoking the doctrine;
b) where the challenged administrative act is
patently illegal, amounting to lack of
jurisdiction;
c) where there is unreasonable delay or official
inaction that will irretrievably prejudice the
complainant;
d) where the amount involved is relatively small;
e) where the question involved is purely legal and
will ultimately have to be decided by the courts
of justice;
f) where judicial intervention is urgent;
g) when its application may cause great and
irreparable damage;
h) where the controverted acts violate due
process;
i) when the issue of non-exhaustion of
administrative remedies has been rendered
moot;
 j) when there is no other plain, speedy and
adequate remedy;
k) when strong public interest is involved;
l) in quo warranto proceeding
Doctrine of adherence of jurisdiction
Once a court has acquired jurisdiction, that jurisdiction
continues until the court has done all that it can do in
the exercise of that jurisdiction.
This principle also means that once jurisdiction has
attached, it cannot be ousted by subsequent
happenings or events, although of a character which
would have prevented jurisdiction from attaching in the
first instance.
Law which governs jurisdiction
The statute in force at the time of the commencement
of the action determines the jurisdiction of the court
Effect of estoppel on objection to jurisdiction
While it is true that jurisdiction over the subject matter
may be raised at any stage of the proceedings since it is
conferred by law, it is, nevertheless, settled that a party
may be barred from raising it on the ground of estoppel.
Omnibus Motion Rule
A motion attacking a pleading, order, or judgment, or
proceeding shall include all objections then available,
and all objections not so included shall be deemed
waived.
Defenses not deemed waived under OMR
a) the court has no jurisdiction over the subject
matter
b) litis pendentia
c) res judicata
d) prescription
Jurisdiction over the person is the legal power of the
court to render a personal judgment against a party to
an action or proceeding.
Jurisdiction in personam is the power which a court has
over the defendant’s person which is required before a
court can enter a personal or an in personam judgment.
How jurisdiction over the plaintiff is acquired
By filing of the complaint or petition
How jurisdiction over the defendant is acquired
a) by his voluntary appearance in court and his
submission to its authority
b) by service of summons
Voluntary appearance of the defendant
a) when the defendant files the corresponding
pleading thereon
b) when the defendant files a motion for
reconsideration of the judgment by default
c) when the defendant files a petition to set aside
the judgment of default
d) when the parties jointly submit a compromise
agreement for approval of the court
Jurisdiction over the issue is the power of the court to
try and decide the issues raised in the pleadings of the
parties.
Issue – is a disputed point or question to which parties
to an action have narrowed down their several
allegations and upon which they are desirous of
obtaining a decision. Where there is no disputed point,
there is no issue.
How jurisdiction over the issue is conferred
By the allegations in the pleadings of the parties
Question of law v. question of fact
A question of law arises when there is doubt as to what
the law is on a certain state of facts, while there is a
question of fact when the doubt arises as to the truth or
falsity of the alleged facts.
Jurisdiction over the res refers to the court’s
jurisdiction over the thing or the property which is the
subject of the action.
How jurisdiction over the res is acquired
By placing the property or thing under custodia legis or
constructive seizure.
Original cases cognizable by the Supreme Court
a) petition for certiorari
b) petition for prohibition
c) petition for mandamus
d) petition for quo warrranto
e) petition for habeas corpus
f) disciplinary proceedings against members of
the judiciary and attorneys
g) cases affecting ambassadors, other public
ministers, and consuls
h) petition for a writ of amparo
Exclusive original jurisdiction in petitions for certiorari, b) All cases which, under the Rules of Court are
prohibition, and mandamus against the: required to be heard en banc
c) All cases involving the constitutionality,
a) Court of Appeals application, or operation of presidential
b) Commission on Elections decrees, proclamations, orders, instructions,
c) Commission on Audit ordinances, and other regulations
d) Sandiganbayan d) Cases heard by a division when the required
e) Court of Tax Appeals number in the division is not obtained
Concurrent original jurisdiction with the CA in petitions e) Cases involving a modification or reversal of a
for certiorari, prohibition, and mandamus against the: doctrine or principle of law laid down previously
by the Supreme Court in a decision rendered en
a) RTC banc or by a division
b) Civil Service Commission f) Cases involving the discipline of judges of lower
c) CBAA courts
d) NLRC g) Contests relating to the election, returns, and
e) Other quasi-judicial agencies qualifications of the President or Vice-President

Exceptions in which factual issues may be resolved by Jurisdictional amount does not include the ff:
the Supreme Court:
a) Interest
a) When the findings are grounded entirely on b) Damages
speculation, surmises or conjectures; c) Attorney’s fees
b) When the inference made is manifestly d) Litigation expenses
mistaken, absurd or impossible; e) Costs
c) When there is grave abuse of discretion;
d) When the judgment is based on Totality rule
misapprehension of facts; Where there are several claims or causes of actions
e) When the findings of facts are conflicting; between the same or different parties, embodied in the
f) When in making its findings the CA went same complaint, the amount of the demand shall be the
beyond the issues of the case, or its findings are totality of the claims in all the claims of action,
contrary to the admissions of both the irrespective of whether the causes of action arose out
appellant and the appellee; of the same or different transactions
g) When the findings are contrary to the trial
court;
h) When the findings are conclusions without
citation of specific evidence on which they are
based;
i) When the facts set forth in the petition as well
as in the petitioner‘s main and reply briefs are
not disputed by the respondent;
j) When the findings of fact are premised on the
supposed absence of evidence and contradicted
by the evidence on record; a
k) When the Court of Appeals manifestly
overlooked certain relevant facts not disputed
by the parties, which, if properly considered,
could justify a different conclusion.

Cases which, under the 1987 Constitution, must be

heard en banc

a) All cases involving the constitutionality of a

treaty, international or executive agreement, or
law