Civil Procedure

JURISDICTION
 Power or authority given by the law to a court or tribunal to hear and determine certain
controversies
> Power of courts to hear and determine a controversy involving rights which are
demandable

JURISDICTION AND VENUE

(a) Jurisdiction is the authority to hear and determine a case;
venue is the place where the case is to be heard or tried;

(b) Jurisdiction is a matter of substantive law;

venue, of procedural law;

(c) Jurisdiction establishes a relation between the court and the subject matter; venue, a
relation between plaintiff and defendant, or petitioner and respondent; and,

(d) Jurisdiction is fixed by law and cannot be conferred by the parties;

venue may be conferred by the act or agreement of the parties.

ARTICLE VIII, SEC. 5, 1987 CONSTITUTION

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation
is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed
in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

BP 129, SEC. 9 as amended

Section 9. Jurisdiction. – The Court of Appeals shall Exercise:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and quo warranto,and auxiliary writs or processes, whether or not in aid of its
appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements of Regional

Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or

awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or
commission, including the Securities and Exchange Commission, the Social Security
Commission, the Employees Compensation Commission and the Civil Service
Commission, Except those falling within the appellate jurisdiction of the Supreme Court
in accordance with the Constitution, the Labor Code of the Philippines under
Presidential Decree No. 442, as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph od
Section 17 of the Judiciary Act of 1948.

The court of Appeals shall have the power to try cases and conduct hearings, receive evidence
and perform any and all acts necessary to resolve factual issues raised in cases falling within its
original and appellate jurisdiction, including the power to grant and conduct new trials or
Appeals must be continuous and must be completed within three (3) months, unless extended
by the Chief Justice. (as amended by R.A. No. 7902.)
BP 129, SEC. 19, 21, 22 and 23, as amended

Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original
jurisdiction:

(1) In all civil actions in which the subject of the litigation is incapable of pecuniary
estimation;

(2) In all civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds Twenty
thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such the value
exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry into and
unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

(3) In all actions in admiralty and maritime jurisdiction where he demand or claim
exceeds One hundred thousand pesos (P100,000.00) or , in Metro Manila, where such
demand or claim exceeds Two hundred thousand pesos (200,000.00);

(4) In all matters of probate, both testate and intestate, where the gross value of the
estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in
Metro Manila, where such gross value exceeds Two hundred thousand pesos
(200,000.00);

(5) In all actions involving the contract of marriage and marital relations;

(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction or any court, tribunal, person or body exercising judicial or quasi-
judicial functions;

(7) In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of Agrarian
Relations as now provided by law; and

(8) In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs or the value of the property in
controversy exceeds One hundred thousand pesos (100,000.00) or, in such other
abovementioned items exceeds Two hundred thousand pesos (200,000.00). (as
amended by R.A. No. 7691*)
Section 21. Original jurisdiction in other cases. – Regional Trial Courts shall exercise original
jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas
corpus and injunction which may be enforced in any part of their respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise appellate jurisdiction
over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts in their respective territorial jurisdictions. Such cases shall be decided on the
basis of the entire record of the proceedings had in the court of origin and such memoranda
and/or briefs as may be submitted by the parties or required by the Regional Trial Courts. The
decision of the Regional Trial Courts in such cases shall be appealable by petition for review to
the

Court of Appeals which may give it due course only when the petition shows prima facie that
the lower court has committed an error of fact or law that will warrant a reversal or
modification of the decision or judgment sought to be reviewed.

Section 23. Special jurisdiction to try special cases. – The Supreme Court may designate certain
branches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction
of quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court
may determine in the interest of a speedy and efficient administration of justice.

RA 7691, SEC. 5
Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts
mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by
this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years
thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand
pesos (P300,000.00): Provided, however, That in the case of Metro Manila, the
abovementioned jurisdictional amounts shall be adjusted after five (5) years from the
effectivity of this Act to Four hundred thousand pesos (P400,000.00).
CLASSIFICATION OF JURISDICTION

1) GENERAL JURISDICTION
> The power to adjudicate all controversies, except those expressly withheld from the
plenary powers of the court

2) SPECIAL JURISDICTION
> Which restricts the court’s jurisdiction only to particular cases and subject to such
limitations as may be provided by the governing law

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;

4) APPELLATE JURISDICTION
> The authority of the court higher in rank to re-examine the final order, judgment or a
lower court which tried the case now elevated for judicial review

5) EXCLUSIVE JURISDICTION
> Power to adjudicate a case or proceeding to the exclusion of other courts at that stage

6) CONCURRENT JURISDICTION
> Sometimes referred to as the coordinate jurisdiction which is the power conferred upon
different courts whether of the same or different ranks, to take cognizance at the state of the
same case in the same or different judicial territories

7) DELEGATED JURISDICTION
> The grant of authority to inferior courts to hear and determine cadastral and
registration cases under certain conditions

8) SPECIAL JURISDICTION
> The power of the inferior courts to hear and decide petitions for writ of habeas corpus
or applications for bail in the absence of all RTC judges in the province or city. “Interlocutory
jurisdiction”
9) TERRITORIAL JURISDICTION
> Refers to the geographical area within which its powers can be exercised:
MTC – within the municipality or city where it is located as may be defined by the SC
RTC – within the region or province where it is located
SC & CA – within the Philippine territory (nationwide)

CLASSIFICATION OF THE COURT ACCORDING TO JURISDICTION

> In the Philippines, our courts are “both courts of law and of equity”

1) COURT OF GENERAL JURISDICTION

> Those competent to decide their own jurisdiction and to take cognizance of all kinds of
cases except those expressly withheld from the plenary powers of the court

2) COURT OF SPECIAL OR LIMITED JURISDICTION

> Those which have no power to decide their own jurisdiction and only try cases permitted
by the statute

3) COURT OF ORIGINAL JURISDICTION

> Those which under the law, actions or proceedings may originally be commenced

4) COURT OF APPELLATE JURISDICTION

> Those which have the power to review on appeal the decisions or orders of a lower court

5) SUPERIOR COURTS
> Those which have the power of review and supervision over another or lower court

6) INFERIOR COURTS
> Those which, in relation to another court, are lower in rank and subject to review and
supervision by the latter
> As used in the 1987 Constitution, the term “inferior courts” refer to all courts lower than
the Supreme Court
7) COURTS OF RECORD
> Those whose proceedings are enrolled and which are bound to keep a written record of all
trials and proceedings handled by them
> RA 6031 mandates to all MTC to be a court of record. Thus, Courts not of record, no longer
exist
8) CONSTITUTIONAL COURTS
> Those which owe their creation and existence to the constitution and therefore cannot be
legislated out of existence or deprived by law of the jurisdiction and powers unqualifiedly
vested in them by the Constitution.
Ex. SC & Sandiganbayan
9) STATUTORY COURTS
> Those created, organized and with jurisdiction exclusively determined by law.
Ex. CTA
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GENERAL RULE: Jurisdiction, once acquired, continues until the case is finally terminated.

EXCEPTIONS:
1) When a subsequent law provides a prohibition for the continued exercise of jurisdiction;
2) Where the law penalizing an act as punishable is repealed by a subsequent law;
3) When the accused is deprived of his constitutional rights such as where the court fails to
provide counsel for the accused who is unable to obtain one and does not intelligently waive
his constitutional right;
4) Where the statute expressly provides, or is construed to the effect that it intended to
operate as to actions pending before its enactment;
5) When the proceedings in the court acquiring jurisdiction is terminated, abandoned or
declared void;
6) Once appeal has been perfected.