REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A.
CARO | G02 DLSU LAW 2018-2019 | BIL
BASIC CONCEPTS ON JURISDICTION
JURISDICTION Power of the court to hear and decide cases and execute
judgment thereon. It is lodged with the COURT not the JUDGE.
QUESTION OF LAW QUESTION OF FACT
Exists when there is doubt or Exists when the doubt or
controversy as to what law applies to controversy arises as to the truth or
a certain set of facts falsity of the alleged facts
RESIDUAL POWER §9 R41 states that the court of origin loses jurisdiction over
the case only upon the perfection of the appeal filed in due time by the appellant
and the expiration of the time to appeal of the other parties. Thus, the RTC may
issue orders for the protection and preservation of the rights of the prevailing
party before appeal is perfected (e.g., writ of execution)
DOCTRINE OF PRIMARY JURISDICTION Courts must refrain from determining
a controversy involving a question which is within the jurisdiction of the
administrative tribunal prior to its resolution by the latter, 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. Acts in violation of this doctrine are null and
void.
DOCTRINE OF HIERARCHY OF COURTS The Court will not entertain direct
resort to it unless the redress desired cannot be obtained in the appropriate courts
or where exceptional and compelling circumstances justify availment of a remedy
within and calling for the exercise of primary jurisdiction.
DOCTRINE OF JUDICIAL DEFERENCE It is a rule in which the condition of the
court in yielding or submitting its judgment to that of another legitimate party,
such as the executive branch in case of national defense.
DOCTRINE OF ANCILLARY JURISDICTION It is the power of the court to settle
issues which are merely incidental to the main action.
DOCTRINE OF JUDICIAL STABILITY/NON-INTERFERENCE No court can
interfere by injunction with the judgments/orders of another court of concurrent
jurisdiction having the power to grant the relief sought by injunction
DOCTRINE OF CONTINUING JURISDICTION Once vested by the allegations
in the complaint, jurisdiction also remains vested irrespective of whether or not
the plaintiff is entitled to recover upon all or some of the claims asserted therein.
LACHES Failure or neglect, for an unreasonable and unexplained length of time,
to do that which, by exercising due diligence, could or should have been done
earlier. It is the negligence or omission to assert a right within a reasonable time,
warranting the presumption that the party entitled it assert it either has
abandoned or declined to assert it. (Tijam v. Sibonghanoy, 2012). Tijam must be
construed as an exception to the general rule and applied only in the most
exceptional cases whose factual milieu is similar to that in the latter case.
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES Courts must
allow administrative agencies to carry out their functions and discharge their
responsibilities within the specialized areas of their respective competence. To
this end, administrative agencies are afforded a chance to correct any previous
error committed in its forum.
DOCTRINE OF ABSENTION A court of law may apply to refuse to hear a case if
hearing the same would potentially intrude upon the powers of another court,
when two cases involving the same issues are brought before different courts at
the same time.
DOCTRINE OF ESTOPPEL BY LACHES The active participation of the party
against whom the action was brought, coupled with his failure to object to the
jurisdiction of the court/administrative body where the action is pending, is
tantamount to an invocation of that jurisdiction. It will bar the said party from later
impugning the court’s jurisdiction.
➢ General rule – question of jurisdiction may be cognizable even if
raised for the first time on appeal
➢ Exception – estoppel by laches
LACK OF JURISDICTION Curable by amendment as a matter of right (§3 R16 in
rel. to §2 R10). Dismissal on this ground (§1(b) R16) is without prejudice to refiling
of the case → can be raised as an affirmative defense in the Answer (§6 R16)
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REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
➢ Courts of Limited jurisdiction:
MANNER OF AQCUIRING JURISDICTION 1. Sandiganbayan
2. CTA
1. OVER THE SUBJECT MATTER 3. Shari’ah District Court
a. Conferred by law (not by the consent of the parties) and determined by 4. RTC (Probate, SCC, Family, drugs, etc.)
the cause/s of action as alleged in the complaint 5. Shari’ah Circuit Court
b. Cannot be made to depend upon the defenses set up in the answer or 6. MTC, MeTC, MCTC
upon MTD or else jurisdiction would almost entirely depend upon the
defendant ORIGINAL Power of the court to take judicial cognizance of a case instituted for
judicial action for the first time under the conditions provided by law.
2. OVER THE PARTIES
a. Plaintiff – filing of the complaint, petition or initiatory pleading before ➢ Courts of original jurisdiction:
the court, AND payment of docket fees 1. SC
i. Unpaid legal fees are now considered as a lien on the judgment 2. CA
(Sun Insurance v. CA, 1992), as only as late payment is made 3. Sandiganbayan
before the action prescribes 4. CTA
b. Defendant – (1) voluntary appearance or submission; (2) coercive 5. RTC
process, generally by a valid service of summons 6. Shari’ah District/Circuit Court
7. MeTC/MTCC/MTC/MCTC
3. OVER THE ISSUES – conferred by the pleadings submitted by the parties 8. Shari’ah Circuit Court

4. OVER THE CASE – by the act of the plaintiff and attaches upon the filing of EXCLUSIVE Power of the court to hear and determine a case to the exclusion of
the complaint/information all other courts.

5. OVER THE RES OR THING – acquired by the actual/constructive seizure by EXCLUSIVE ORIGINAL Power of the court to take judicial cognizance of a case
the court of the thing in question, putting it in custodia legis which recognizes instituted for the first time under the conditions provided by law, to the exclusion
in the court the power to deal with the property/subject matter within its of all other courts.
territorial jurisdiction
➢ Courts of exclusive & original jurisdiction
1. SC
KINDS OF JURISDICTION 2. CA
3. Sandiganbayan
GENERAL Power to hear and determine all controversies except those expressly 4. CTA
withheld from the plenary powers of the court. It extends to all controversies 5. RTC
which may be brought before a court within the legal bounds of rights and 6. SDC
remedies E.g., RTC is a court of general jurisdiction 7. Metc/MTC
8. SCC
SPECIAL/LIMITED Restricts the court’s jurisdiction only to particular cases and
subject to such limitations as may be provided by the governing law APPELLATE Power and authority conferred upon a superior court to rehear and
determine causes which have been tried in lower courts

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TERRITORIAL Refers to the geographical area within which its powers can be
exercised (important in criminal cases).

CONCURRENT Power conferred upon different courts whether of the same or

different rank to take judicial cognizance at the same stage of the same case in the
same or different judicial territories.

DELEGATED Grant of authority to inferior courts to hear and determine cadastral

and land registration cases (given to MTC/METC/MCTC).

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REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL

SUPREME COURT

ORIGINAL EXCLUSIVE ORIGINAL CONCURRENT APPELLATE

1. Actions involving Petitions for writ of: 1. WITH RTC 1. Review, revise, reverse, modify or affirm on appeal or
a. Ambassadors, a. Certiorari, a. Cases involving APC certiorari, final judgments and orders of lower courts in:
b. Public Ministers, and b. Prohibition, b. Petition for CPMQHc a. Constitutionality or validity of any: Treaty,
c. Consuls (§5(1), Art. c. Mandamus c. Writ of Amparo International/Executive agreement, Law, Presidential
VIII, Consti) against judgments, final d. Petition for habeas data decree, Proclamation, Order, Ordinance, Instruction,
orders and resolutions of: e. Petition for writ of other Regulation in Question
2. Petitions for writ of: continuing mandamus b. Legality of any: Tax, Impost, Assessment, Toll, or any
a. Certiorari 1. CA f. Injunctions Penalty Imposed in relation thereto
b. Prohibition 2. Sandiganbayan c. Cases in which jurisdiction of any lower court is in
c. Mandamus 3. CTA 2. WITH CA issue
d. Quo Warranto 4. COMELEC a. Petition for CPMQHc d. Criminal cases in which the penalty imposed is
e. Habeas corpus 5. COA b. Writ of amparo reclusion perpetua or higher
f. Amparo 6. Ombudsman in c. Petition for habeas data e. Only errors/Questions of law involved
g. Habeas data criminal cases d. Petition for writ of
h. Continuing continuing mandamus 2. Judgments, final orders, and resolutions of:
mandamus e. Petition for writ of kalikasan a. CA (R45)
i. Kalikasan f. Injunctions b. SB (PD1606 as amended by RA 7975 and RA 8249)
c. CTA en banc (RA 9282 in rel. to R45)
CPMQHAHCK 3. WITH SANDIGANBAYAN d. RTC on pure questions of law (R45)
a. Petition for CPMQHc e. CTA, SB, RTC in petitions for amparo
b. Writ of Amparo f. CA, SB, RTC, in petitions for habeas data
c. Petition for habeas data g. CA in petitions for kalikasan
d. Petition for writ of kalikasan h. CA, RTC in petitions for continuing mandamus
e. injunctions

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REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL

COURT OF APPEALS

ORIGINAL EXCLUSIVE ORIGINAL CONCURRENT APPELLATE

1. Petition for writ of: 1. Actions for annulment of judgment of RTC 1. WITH SC 1. Judgments, resolutions, orders, awards of:
a. Certiorari a. Petition for CPMQHc a. RTC in exercise of original jurisdiction (R41)
b. Prohibition 2. Petitions for CPM against: b. Writ of amparo b. RTC in exercise of appellate jurisdiction (R42)
c. Mandamus a. Decisions, final orders, and c. Petition for habeas data c. RTC in violations of IP Code (R43)
d. Quo Warranto resolutions of RTC d. Petition for writ of d. MeTC/MTC/MCTC based on delegated
e. Habeas corpus b. Decisions, final orders, and continuing mandamus jurisdiction (in cadastral and LR cases; BP 129)
f. Amparo resolutions of NLRC e. Petition for writ of e. SDC in the absence of the station of the Shari’ah
g. Habeas data c. Decisions and final orders of the kalikasan Appellate Courts
h. Continuing SOLE in the exercise of its appellate f. Injunctions f. Quasi-judicial bodies in the exercise of quasi-
mandamus jurisdiction over decisions and final 2. WITH RTC judicial functions (R43)
i. Kalikasan orders of: a. Petition for CPMQHc 1. CSC
a) POEA Administrator in its b. Writ of amparo 2. SEC
2. Petition for freeze adjudicatory function in case of c. Habeas data 3. OP
order on any monetary violations of the Labor Code d. Petition for CM 4. LRA
instrument, property, and POEA Rules and 3. WITH SB 5. SSC
or proceeds relating to Regulations a. Writ of amparo 6. Civil Aeronautics Board
or involving any b) [SOLE] b. Habeas data 7. Bureau of Parents Trademarks and
unlawful activity as 1) In violation of Technology Transfer
defined under §3(j) of apprenticeship 8. National Electrification Administration
RA 9160 (AM No. 05- agreements final and 9. Energy Regulatory Board
11-04 SC) executory 10. National Telecommunications Commission
c) National Wage Productivity 11. DAR
Commission over Wage Order by 12. GSIS
Regional Tripartite Wage 13. ECC
Productivity Board 14. Agricultural Inventions Board
d) NLRC over direct and indirect 15. Insurance Commission
contempt cases 16. PH Atomic Energy Commission
e) Bureau of Labor Relations on appeal 17. BOI
over the order of cancellations of 18. Construction Industry Arbitration
union registration/intra-labor Commission
dispute 19. Voluntary Arbitration
20. OMB in admin cases

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REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
EXCLUSIVE ORIGINAL
1. Tax collection cases involving final and
executory assessments for taxes, fees,
charges, and penalties
a. Provided however that collection
cases where the principal amount
of taxes and fees, exclusive of
charges and penalties, claimed is
less than P1,000,000 shall be tried
by the proper MTC/RTC
CTA en banc:
COURT OF TAX APPEALS
EXCLUSIVE APPELLATE
1. Decision of CIR on matters relating to NIRC or law administered by BIR
2. Inaction of the CIR in cases involving disputed assessments, refunds of IR TFC
3. Decisions, orders, or resolutions of the RTC in local tax cases originally decided or resolved by them of their
original or appellate jurisdiction
4. Decision of COC on cases involving liability for customs duties, fees or other charges, seizure, detention or
release of property arising under custom laws
5. Decisions of the CBAA in the exercise of appellate jurisdiction over cases involving assessment and taxation of
real property originally decided by the provincial or city board of assessment appeals
6. Decision of SOF on customs cases elevated to him automatically for review from decisions of the COC which
are adverse to the government
7. Decisions of STI in case of nonagricultural product, commodity or article, and the SA in case of agricultural
product, commodity, or article involving dumping and countervailing duties under Tariff and Customs Code
1. Decisions or resolutions on MR/MNT of CTA-D in the exercise of its EAJ over:
a. Cases arising from BIR, BOC, DOF, DTI, DA
b. Local tax cases decided by RTC in its original jurisdiction
c. Tax collection cases decided by RTC in its original jurisdiction involving final and executory assessments
where principal amount is less than P1,000,000
d. Decisions, resolutions, orders of the RTC in local tax cases in its appellate jurisdiction
e. Decisions of the CBAA in its appellate jurisdiction (LBAA)
f. Decisions on MR of CTA-D in its EOJ or EAJ over criminal offenses under tax laws
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SANDIGANBAYAN

ORIGINAL EXCLUSIVE & ORIGINAL APPELLATE CONCURRENT

1. Violations of Republic Act No. 3019, as 1. Violations of RA 1379 (An Act Declaring Over final judgment, WITH SC
amended, otherwise known as the Anti-graft Forfeiture in Favor of the State Any resolutions, or orders of RRC 1. Petition for CPMQHc
and Corrupt Practices Act, Republic Act No. Property Found to Have Been whether in exercise of their 2. Writ of Amparo
1379, and Chapter II, Section 2, Title VII, Book II Unlawfully Acquired by Any Public own original jurisdiction or 3. Petition for habeas data
of the Revised Penal Code, where one or more Officer or Employee and Providing for their appellate jurisdiction 4. Petition for writ of kalikasan
of the accused are officials occupying the the Proceedings Therefor) 5. Injunctions
following positions in the government whether
in a permanent, acting or interim capacity, at WITH SB
the time of the commission of the offense. 1. Writ of amparo
a. Officials of the executive branch occupying 2. Habeas data
the positions of regional director and
higher, otherwise classified as Grade '27' WITH RTC
and higher, of the Compensation and 1. Writ of Amparo
Position Classification Act of 1989 2. Pet for HC
(Republic Act No. 6758)

REGIONAL TRIAL COURTS

ORIGINAL EXCLUSIVE ORIGINAL CONCURRENT APPELLATE SPECIAL

1. Actions involving 2. Civil actions in which the subject of the litigation is 1. WITH SC 1. Decision/final order 1. Criminal cases
ambassadors, public incapable of pecuniary estimation, e.g., a. Cases involving of:
ministers, and a. Action for declaratory relief APC a. MeTC 2. Juvenile and
consuls b. Action for reformation of instrument b. Petition for b. MTC Domestic Relations
c. Action for support CPMQHc c. MCTC cases
2. Petition for writ of: d. Petition for consolidation of ownership c. Writ of Amparo
a. Certiorari d. Petition for 2. All of such decisions 3. Agrarian cases,
b. Prohibition 3. Civil actions which involve the title to, or possession of, habeas data made are within
c. Mandamus real property, or any interest therein, where the assessed e. Petition for writ of their respective 4. Urban land reform
d. Quo Warranto value of the property involved exceeds P20,000 OMM or continuing territorial cases which do not
e. Habeas corpus P50,000 WMM, except actions for FE/UD mandamus jurisdiction fall under the
f. Amparo f. Injunctions jurisdiction of
g. Habeas data 4. Actions in admiralty and maritime jurisdiction where the quasi-judicial
h. Continuing demand or claim exceeds P300,000 OMM or P400,000 2. WITH CA bodies
mandamus WMM a. Petition for
CPMQHc
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5. All matters of probate, both testate and intestate where b. Writ of amparo 5. Other special cases
the gross value of the estate exceeds P300,000 OMM or c. Habeas data as SC may
P400,000 WMM d. Petition for CM determine in the
interest of a
6. All actions involving the contract of marriage and marital 3. WITH SB speedy and
relations a. Writ of amparo efficient
b. Pet. For HC administration of
7. All cases not within the exclusive jurisdiction of any court, justice
tribunal, person, or body exercising jurisdiction of any 4. WITH INSURANCE
court, tribunal, person or body exercising judicial or quasi- COMMISSIONER
judicial functions (General Jurisdiction) a. Claims not
exceeding 100k
8. Civil actions and special proceedings falling with the
exclusive original jurisdiction of a Juvenile and Domestic
Relations Court and of the Court of Agrarian Relations as
now provided by law

9. Annulment of judgment over decisions/final orders of

MTC, MeTC, MCTC (S10 R47)

10. All other cases in which the demand, exclusive of DIALEC,

or the value of the property in controversy exceeds
P300,000 OMM or P400,000 WMM

11. RTC acting as Special Agrarian Court over:

a. All petitions for the determination of just
compensation
b. Prosecution of all criminal offenses under RA 6657

12. RTC acting as Special Commercial Court:

a. Violations of intellectual property rights

13. RTC acting as Family Court:

a. Petition for guardianship, custody of minor, habeas
corpus in relation to minor
b. Petitions for adoption of children and revocation of
adoption
c. Complaints for annulment of marriage and
declaration of nullity of marriage and those relating
to marital status and property relations of husband

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and wife or those living together under different

status and agreements, and dissolution of CPG
d. Petitions for support and/or acknowledgement
e. Summary judicial proceedings
f. Petitions for constitution of family home
g. Petitions for declaration of status of children as
abandoned, dependent, or neglected children
h. Petitions for involuntary commitment of a child, or
removal of custody against child placement, or child
caring agency or individual, or commitment

14. Cases under §5.2 of RA 8799 (Securities and Regulations

Code such as:
a. Cases involving devices or schemes employed by or
any acts, of the board of directors, business
associates, its officers or partnership, amounting to
fraud and misrepresentation which may be
detrimental to the interest of the public and/or of the
stockholders partners, members of associations or
organizations registered with the Commission.
b. Controversies arising out of intra-corporate or
partnership relations, between and among
stockholders, members or associates; between
and/or all of them and the corporation, partnership
or association of which they are stockholders,
members or associates, respectively; and between
such corporation, partnership or association and the
state insofar as it concerns their individual franchise
or right to exist as such entity.
c. Controversies in the election or appointments of
directors, trustees, officers or managers of such
corporations, partnerships or associations
d. Petitions of corporations, partnerships or
associations to be declared in the state of suspension
of payments in cases where the corporation,
partnership or association possesses sufficient
property to cover all its debts but foresees the
impossibility of meeting them when they respectively
fall due or in cases where the corporation,
partnership or association has no sufficient assets to

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cover its liabilities, but is under the management of a

Rehabilitation Receiver or Management Committee;

15. Cases relating to special rules on ADR:

a. Questioning existence, validity and enforceability
of an Arbitration Agreement
b. Judicial relief from the ruling of Arbitral Tribunal on
preliminary question upholding or declining juris
c. Petition for Interim Measure of Protection (special
rules on alternative dispute resolution)
d. Petition for appointment of Arbitrator
e. Petition for challenging the appointment of
Arbitrator
f. Petition to terminate the mandate of an arbitrator
g. Petition for assistance in taking an evidence
h. Petition for Protective Order
i. Petition for confirmation, correction/modification or
vacation of a domestic Arbitral Award
j. Petition to recognize and enforce, set aside an
Arbitral Award
k. Petition to recognize and enforce a Foreign Arbitral
Award

METC, MTC, MCTC, MTCC

EXCLUSIVE ORIGINAL DELEGATED SPECIAL

1. Civil actions and probate (in/testate including grant of PROVREM in 1. Cadastral or land registration: 1. Petition for habeas corpus
proper cases where value of personal property does not exceed a. Uncontested lots 2. Application for bail in criminal
300k/400k) b. Contested lots – where the value does not cases in the province or city
exceed P100,000. Land value will be where the absent RTC judge sat
2. Specific performance or damages in the alternative ascertained by the affidavit of the
claimant or by the claimants if there are
3. Admiralty and maritime cases where demand does not exceed 300/400k several, or from the tax declaration of the
real property
4. Forcible entry/unlawful detainer

5. Real actions wherein the assessed value of the subject property does not
exceed 20/50k

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6. Reconveyance, removal of cloud, cancellation of title and similar actions

where assessed value of property does not exceed 20/50k

7. Accion publiciana 20/50k

8. Accion reivindicatoria 20/50k

9. Other cases ex. Probate proceeding where total amount of claim does
not exceed 100k/200k

10. Cases falling under Rules on Small Claims where case does not exceed
300k – exclusive of Damages, Interest, Attys fees, Litigation expenses,
and costs (DIALEC)

SHARIAH CIRCUIT COURT

EXCLUSIVE ORIGINAL
1. Civil actions and proceeding between parties who are Muslims or have been married in accordance with Art.14 involving disputes relating to:
a. Marriage
b. Divorce recognized under this Code
c. Betrothal or breach of contract of marriage
d. Customary Dower (mahr)
e. Disposition and distribution of property upon Divorce
f. Maintenance and support and cosolatary gifts (mut’a); and
g. Restitution of marital gifts

2. All cases involving disputes relative to communal properties

SHARIAH DISTRICT COURT

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REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL

ORIGINAL EXCLUSIVE ORIGINAL APPELLATE

1. Petition by Muslims for 1. Cases involving Cases tried in the
a. Constitution of family home, a. Custody, Shariah Circuit Court
b. Change of name, b. Guardianship, within their territorial
c. Commitment of an insane person to an asylum c. Legitimacy, juris
d. Paternity,
2. All other personal/real actions NOT mentioned e. Filiation arising under this Code
wherein the parties are Muslims except those for
FE/UD (under EOJ of MTC) 2. Disposition and Settlement of Estate of deceased Muslims, Probate, Issuance of
Letters of Admin or Appointment of Admin or Exec, regardless of the nature or
3. All special civil actions for Interpleader or aggregate value of the prop
Declaratory Relief wherein the parties are Muslims
or property involved belongs exclusively to Muslims 3. Declaration of Absence and Death and for the Cancellation or Correction of Entries
in the Muslim Registries mentioned in Title 6 Book 2 of this Code

4. Actions arising from Customary contracts in which the parties are Muslims, if they
have not specified which law shall govern their relations; and

5. Certiorari, Prohibition, Mandamus, Habeas Corpus, Injunction and other auxiliary

writs and processes in aid of its appellate jurisdiction

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