JURISDICTION Authority or Power of the court to hear, decide a case and implement its decision.

CLASSIFICATION OF JURISDICTION 1. GENERAL JURISDICTION power of the court to adjudicate all controversies except those expressly withheld from the plenary powers of the court. It extends to all controversies which may be brought before a court within legal bounds of rights and remedies.

2. SPECIAL OR LIMITED JURISDICTION which restricts the courts jurisdiction only to particular cases and subject to such limitations as may be provided by the governing law. It is confined to particular causes, or which can be exercised only under the limitations and circumstances prescribed by the statute. 3. ORIGINAL JURISDICTION the power of the court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law; And appellate jurisdiction, or the authority of a court higher in rank to re-examine the final order or judgment of a lower court which tried the case or elevated for judicial review. It is jurisdiction conferred upon or inherent in the first instance.

4. EXCLUSIVE JURISDICTION the power to adjudicate a case or proceeding to the exclusion of all other courts at that stage.

5. APPELLATE the power or authority conferred upon superior court to rehear and determine causes which have been tried in lower courts, the cognizance which a superior court takes of a case removed to it, by appeal or writ of error, from the

decision of a lower court, or the review by a superior court of the final judgment or order of some lower courts. 6. TERRITORIAL refers to the geographical area within which its powers can be exercised. Assumes importance in criminal cases wherein considerations of territory vis--vis the locus of the crime determine not only the venue of the case but the jurisdiction of the court; and in civil cases, the venue of real and mixed actions. In all cases, the SC and the CA have national jurisdiction; RTC have regional jurisdiction; Inferior courts have such jurisdiction as may be defined by the SC pursuant to BP 129 It is the power of the tribunal considered with reference to the territory within which it is to be exercised.

7. CONCURRENT sometimes referred to as confluent or coordinate jurisdiction, which is the power conferred upon different courts, whether of the same or different ranks, to take cognizance at the same stage of the same case or different judicial territories.

8. DELEGATED is the grant of authority to inferior courts to hear and determine cadastral and land registration cases under certain conditions.

VENUE the place where the case is to be heard and tried.

BASIS OF CIVIL ACTION A civil action is commenced by the filing of the original complaint with the court ( Sec. 5, Rule 1)

JURISDICTION Is the authority to hear and determine a case. Matter of Substantive law Establishes a relation between the court and the subject matter

VENUE Is the place where the case is to be heard and tried. Matter of Procedural law Relation between plaintiff and defendant

Fixed by law and cannot be conferred by the parties The court may motu propio dismiss a case for lack of jurisdiction

May be conferred by the act or agreement of the parties The court cannot dismiss a case based on improper venue, unless and until the defendant objects to the same Exception to exception: (summary proceedings; the court may dismiss the case) May be waived and stipulated upon by the parties

Cannot be waived, enlarged or diminish by the agreement of the parties MANNER OF ACQUIRING JURISDICTION:

Jurisdiction over the plaintiff of petitioner: this is acquired by the filing of the complaint, petition or initiatory pleading before the court by the plaintiff or petitioner. Jurisdiction over the person of the defendant; 1. Acquired by the voluntary appearance a waiver of the necessity of a formal notice. An appearance in whatever form, without explicitly objecting to the jurisdiction of the court over the person is a submission to the jurisdiction of the court. 2. By submission by the defendant or respondent to the court by coercive process issued by the court to him, generally by service of summons. Jurisdiction over the subject matter; Conferred by law and determined by the material allegations of the complaint, irrespective of whether or not the plaintiff is entitled to recover claims or reliefs sought therein.

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 for; otherwise, the question of jurisdiction would depend almost entirely on the defendant. Jurisdiction over the issue of the case; 1. Determine and conferred by the pleadings;

2. Or by the agreement in the Pre-Trial Order or stipulation; 3. Or by their implied consent as by the failure of a party to object to evidence on an issue not covered by the pleadings as provided in Sec. 5, Rule 10. Jurisdiction over the case is invested by the act of plaintiff and attaches upon the filing of the complaint or information Jurisdiction over the res; 1. By the actual or constructive seizure by the court of the thing in question, thus placing the it in custodial legis, as in attachment or garnishment. 2. By provision of law which recognizes in the court the power to deal with the property or subject matter within its territorial jurisdiction, as in land registration proceedings or suits involving civil status or real property in the Philippines of a non- resident defendant.