Example of Excess of Jurisdiction
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Jan NiñoExample of Excess of Jurisdiction
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Jan NiñoCIVIL PROCEDURE NOTES COMPILED UNIVERSITY OF SAN CARLOS COLLEGE OF LAW
of jurisdiction; Errors which the court may commit in the exercise of such jurisdiction, like errors of procedure or
mistakes in the court's findings, are merely ERRORS OF JUDGMENT; whereas,
When a court takes cognizance of a case over the subject matter of which it has no jurisdiction, or acts in excess of
jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction, the court commits an ERROR OF
JURISDICTION.(GSIS vs. Oliza 304 SCRA 421).
2.) When the court acts without authority (error of jurisdiction) such act would be null and void or at least voidable,
but if the court has authority but commits a mistake in the exercise of such authority (error of judgment) such
mistake will bind unless corrected
3.) ERRORS OF JURISDICTION are reviewable by the extraordinary writ of certiorari; whereas, ERRORS OF JUDGMENT
are reviewable by appeal.
An error of judgment should be raised on ordinary appeal, not by certiorari because certiorari is only confined to
correcting errors of jurisdiction or grave abuse of discretion. The governing rule is that the remedy of certiorari is not
available when the remedy of appeal is available or even if available, when it will not be a speedy and adequate
remedy. And when the remedy of appeal is lost, you cannot revive it by resorting to certiorari because certiorari is
not a substitute for the lost remedy of appeal.
Lack of jurisdiction and excess of jurisdiction
They are distinguished thus: the respondent court or tribunal acts without jurisdiction if it does not have the legal
power to determine the case; where the respondent, being clothed with the power to determine the case,
oversteps its authority as determined by law, it is performing a function in excess of its jurisdiction (Vette
Industrial Sales Company Inc. vs. Cheng, 509 SCRA 532).
Example of excess of jurisdiction:
When the court does not conduct a pre-trial conference which is mandatory under the rules.
Q: In whom is jurisdiction vested?
A: Jurisdiction is vested in the court, not in the judge. A court may be a single sala or may have several branches
(multiple sala). If the latter, each is not a court distinct and separate from the others. So, when a case is filed before a
branch, the trial may be had or proceedings may continue before another branch or judge. (Tagumpay vs. Moscoso,
L-14723, May 29, 1959)
EXAMPLE: The RTC of Cebu City is composed of several branches –22 all in all. But technically, there is only one court
– the RTC of Cebu City.
Q: Now, if the case is filed and is assigned to Branch 8, can that case later be transferred and continued in Branch 9?
A: YES, because you never left the same court. You are still in the same court. This is because jurisdiction is not with
the judge. It is with the court itself.
But there is only one branch of RTC-Bogo, can RTC-Cebu City take jurisdiction over its cases?
No because they are different courts and jurisdiction is attached to the court.
TYPES OF JURISDICTION:
Types of jurisdiction:
1.) Based on cases tried: General Jurisdiction and Special or Limited Jurisdiction;
2.) Based on the nature of the cause: Original Jurisdiction and Appellate Jurisdiction; and
3.) Based on the nature and extent of exercise: Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction;
4.) Based on situs; Territorial jurisdiction and extra-territorial jurisdiction.
1. GENERAL JURISDICTION and SPECIAL OR LIMITED JURISDICTION
a.) GENERAL JURISDICTION is the authority of the court to hear and determine all actions and suits, whether civil,
criminal, administrative, real, personal or mixed. It is very broad – to hear and try practically all types of cases. (14
Am. Jur. 249; Hahn vs. Kelly, 34 Cal. 391)
b.) SPECIAL or LIMITED JURISDICTION is the authority of the court to hear and determine particular cases only. Its
power is limited. (14 Am. Jur. 249; Hahn vs. Kelly, 34 Cal. 391)
Example: In criminal cases, the MTC has jurisdiction over offenses where the penalty imposable does not exceed 6
years while beyond 6 years they are triable before the RTC.
If you examine the jurisdiction of the MTC, it has a limit but none for the RTC.
The same applies in civil cases as we shall learn.
2. ORIGINAL JURISDICTION and APPELLATE JURISDICTION
a.) ORIGINAL JURISDICTION is the power of the court to take cognizance of a case at its inception or commencement.
(Ballentine’s Law Dict., 2nd Ed., pp. 91 and 917)
b.) APPELLATE JURISDICTION is the power vested in a superior court to review and revise the judicial action of a
lower court. (Ballentine’s Law Dict., 2nd Ed., pp. 91 and 917) If one court has the power to
