San Beda College of Law

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MEMORY AID IN REMEDIAL LAW
INTRODUCTION
JURISDICTION power and authority of a
court to hear, try, decide a case. It is
conferred by substantive law.
SUBSTANTIVE LAW REMEDIAL LAW
Creates, defines and
regulates rights
Provides for the
manner in which
said right may be
enforced, protected
or redressed
Makes vested rights
possible
no vested rights
Prospective
application
Retroactive governs
acts and
transactions which
took place
Cannot be enacted
by the !upreme
Court
!C is e"pressly
empowered to
promulgate
procedural rules
REQUISITES FOR VALID EXERCISE OF
JURISDICTION.
#. $hat it must have %urisdiction over
the persons of the parties.
&urisdiction over the person of
the plaintiff is ac'uired the
moment he files his complaint.
&urisdiction over the person of
the defendant is ac'uired by his
voluntary appearance in court or
by the coercive power of legal
process e"ercised over the
person usually through
summons.
(. $hat it must have %urisdiction over
the sub%ect matter of the
controversy.
&urisdiction over the sub%ect
matter is determined by the
allegations made in the
complaint.
)ack of %urisdiction over the
sub%ect matter of an action
cannot be waived by the parties
and may be raised at any stage
of the proceeding, the court
being authori*ed to dismiss the
case motu proprio. +e"ception
$i%am vs. !ibonghanoy,.
-. $hat it must have %urisdiction over
the issue of the case or over the
thing or property.
KINDS OF JURISDICTION:
1. As to cases t!e":
./0/R1) %urisdiction 2 e"ercised
over all kinds of cases
)IMI$/3 %urisdiction e"ercised over
and e"tends only to particular or
specified cases.
#. As to $at%e o& t'e ca%se:
4RI.I01) %urisdiction e"ercised by
courts in the first instance.
1PP/))1$/ %urisdiction e"ercised
by a superior court to review and
decide cases previously decided by a
lower court.
(. As to $at%e a$" e)te$t o& e)ec!se:
/5C)6!I7/ %urisdiction confined to
a particular court.
C40C6RR/0$ %urisdiction
pertaining to different courts over
the same sub%ect matter at the same
time and place. 8hen two or more
courts have concurrent %urisdiction
over a case, the court which has first
validly ac'uired %urisdiction takes it
to the e"clusion of the others.
*. As to s!t%s:
$/RRI$4RI1) %urisdiction e"ercised
within the limits of the place where
the court is located.
/5$R12$/RRI$4RI1) %urisdiction
e"ercised beyond the confines of the
territory where the court is located.
REMEDIAL LAW COMMITTEE
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae
%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'ia )Ci*il Proce+"re,- Alnai.a Hasi$an )S/ecial Ci*il Ac!ions an+
S/ecial
Procee+in0s,- Jeenice +e Sa0"n )Cri$inal Proce+"re,- Elaine Mas"ka! )E*i+ence,
2 2005 CENTRALIZED BAR OPERATIONS

JURISDICTION VENUE
$he authority to hear
and determine a case
$he place or
geographic location
where the case is to
be heard or tried 9
deals with locality
Matter of substantive
law
Matter of procedural
law
:i"ed by law and
cannot be conferred
by the parties
May be conferred or
agreed upon by the
parties
Cannot be waived
e"cept %urisdiction
over the person
8aivable
/stablishes a relation
between the court and
the sub%ect matter
/stablishes a relation
between the plaintiff
and the defendant
)imitation on the
plaintiff
)imitation on the
court
3eals w9 substance 3eals w9 convenience

DOCTRINE OF JUDICIAL STABILIT+
0o court has the authority to
interfere by in%unction with the
%udgment of another court of coordinate
%urisdiction or to pass upon or scrutini*e
and much less declare as un%ust a
%udgment of another court (Industrial
Enterprises Inc. vs. CA 184 SCRA426)
EXTENT OF JURISDICTION
I. ADHERENCE TO JURISDICTION 2 4nce
%urisdiction has been ac'uired, the court
retains it until the final termination of
the case.
,ENERAL RULE: )aw enacted during
pendency of case which transfers
%urisdiction to another court does not
affect cases prior to its enactment.
EXCE-TIONS:
#. when the new law e"pressly
provides for a retroactive
application.
(. when the change of %urisdiction
is curative in character.

II. EXCLUSIONARY PRINCIPLE 2 $he court
first ac'uiring %urisdiction e"cludes all
others.
2005 CENTRALIZED BAR OPERATIONS EEC!TI"E COMMITTEE AND S!B#ECT
C$AIRPERSONS
Ma%&'el A(a%en)o* )O*er1all C#air/erson,, Ronald #al+an,a% )O*er1all %ice C#air,, Yolanda
Tolen)&no)%C1Aca+s,, Jenn&fe% Ang )%C1 Secre!aria!,, #o- Ind.')&/o )%C1Finance,, Ela&ne Ma*.0a) )%C1
EP,, Anna Ma%ga%&)a E%e* )%C12o0is!ics, #ona)1an
Mang.nda-ao )Poli!ical 2a3,, 2%an'&* Bened&') Reo).)a% )2a'or 2a3,, Ro+.ald Pad&lla )Ci*il 2a3,,
C1a%+a&ne To%%e* )Ta4a!ion 2a3,, Ma%0 Da/&d Ma%)&ne, )Cri$inal 2a3,, 3a%n- L.&*a Aleg%e )Co$$ercial
2a3,, #&n0- Ann !- )Re$e+ial 2a3,, #a'0&e Lo. Ba.)&*)a )2e0al E!#ics,
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