Remedial Law Jurisdiction 3j2425
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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 Exists when there is doubt or controversy as to what law applies to a certain set of facts
QUESTION OF FACT Exists when the doubt or controversy arises as to the truth or 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 istrative tribunal prior to its resolution by the latter, where the question demands the exercise of sound istrative discretion, requiring the special knowledge, experience and services of the istrative 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 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 ISTRATIVE REMEDIES Courts must allow istrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence. To this end, istrative 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/istrative 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. ➢
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.
➢
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)
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 1
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
➢ MANNER OF AQCUIRING JURISDICTION 1. OVER THE SUBJECT MATTER a. Conferred by law (not by the consent of the parties) and determined by the cause/s of action as alleged in the complaint b. Cannot be made to depend upon the defenses set up in the answer or upon MTD or else jurisdiction would almost entirely depend upon the defendant 2. OVER THE PARTIES a. Plaintiff – filing of the complaint, petition or initiatory pleading before the court, AND payment of docket fees i. Unpaid legal fees are now considered as a lien on the judgment (Sun Insurance v. CA, 1992), as only as late payment is made before the action prescribes b. Defendant – (1) voluntary appearance or submission; (2) coercive process, generally by a valid service of summons
Courts of Limited jurisdiction: 1. Sandiganbayan 2. CTA 3. Shari’ah District Court 4. RTC (Probate, SCC, Family, drugs, etc.) 5. Shari’ah Circuit Court 6. MTC, MeTC, MCTC
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. ➢
Courts of original jurisdiction: 1. SC 2. CA 3. Sandiganbayan 4. CTA 5. RTC 6. Shari’ah District/Circuit Court 7. MeTC/MTCC/MTC/MCTC 8. Shari’ah Circuit Court
3.
OVER THE ISSUES – conferred by the pleadings submitted by the parties
4.
OVER THE CASE – by the act of the plaintiff and attaches upon the filing of the complaint/information
EXCLUSIVE Power of the court to hear and determine a case to the exclusion of all other courts.
5.
OVER THE RES OR THING – acquired by the actual/constructive seizure by the court of the thing in question, putting it in custodia legis which recognizes in the court the power to deal with the property/subject matter within its territorial jurisdiction
EXCLUSIVE ORIGINAL Power of the court to take judicial cognizance of a case instituted for the first time under the conditions provided by law, to the exclusion of all other courts. ➢
KINDS OF JURISDICTION GENERAL Power to hear and determine 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 the legal bounds of rights and remedies E.g., RTC is a court of general jurisdiction SPECIAL/LIMITED Restricts the court’s jurisdiction only to particular cases and subject to such limitations as may be provided by the governing law
Courts of exclusive & original jurisdiction 1. SC 2. CA 3. Sandiganbayan 4. CTA 5. RTC 6. SDC 7. Metc/MTC 8. SCC
APPELLATE Power and authority conferred upon a superior court to rehear and determine causes which have been tried in lower courts 2
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
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).
3
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
SUPREME COURT
1.
2.
ORIGINAL Actions involving a. Ambassadors, b. Public Ministers, and c. Consuls (§5(1), Art. VIII, Consti) Petitions for writ of: a. Certiorari b. Prohibition c. Mandamus d. Quo Warranto e. Habeas corpus f. Amparo g. Habeas data h. Continuing mandamus i. Kalikasan MQHAHCK
EXCLUSIVE ORIGINAL Petitions for writ of: a. Certiorari, b. Prohibition, c. Mandamus against judgments, final orders and resolutions of: 1. 2. 3. 4. 5. 6.
CA Sandiganbayan CTA COMELEC COA Ombudsman in criminal cases
1.
2.
3.
CONCURRENT WITH RTC a. Cases involving APC b. Petition for MQHc c. Writ of Amparo d. Petition for habeas data e. Petition for writ of continuing mandamus f. Injunctions WITH CA a. Petition for MQHc b. Writ of amparo c. Petition for habeas data d. Petition for writ of continuing mandamus e. Petition for writ of kalikasan f. Injunctions WITH SANDIGANBAYAN a. Petition for MQHc b. Writ of Amparo c. Petition for habeas data d. Petition for writ of kalikasan e. injunctions
1.
2.
APPELLATE Review, revise, reverse, modify or affirm on appeal or certiorari, final judgments and orders of lower courts in: a. Constitutionality or validity of any: Treaty, International/Executive agreement, Law, Presidential decree, Proclamation, Order, Ordinance, Instruction, other Regulation in Question b. Legality of any: Tax, Impost, Assessment, Toll, or any Penalty Imposed in relation thereto c. Cases in which jurisdiction of any lower court is in issue d. Criminal cases in which the penalty imposed is reclusion perpetua or higher e. Only errors/Questions of law involved Judgments, final orders, and resolutions of: a. CA (R45) b. SB (PD1606 as amended by RA 7975 and RA 8249) c. CTA en banc (RA 9282 in rel. to R45) d. RTC on pure questions of law (R45) e. CTA, SB, RTC in petitions for amparo f. CA, SB, RTC, in petitions for habeas data g. CA in petitions for kalikasan h. CA, RTC in petitions for continuing mandamus
4
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
COURT OF APPEALS
1.
2.
ORIGINAL Petition for writ of: a. Certiorari b. Prohibition c. Mandamus d. Quo Warranto e. Habeas corpus f. Amparo g. Habeas data h. Continuing mandamus i. Kalikasan Petition for freeze order on any monetary instrument, property, or proceeds relating to or involving any unlawful activity as defined under §3(j) of RA 9160 (AM No. 0511-04 SC)
1. 2.
EXCLUSIVE ORIGINAL Actions for annulment of judgment of RTC Petitions for M against: a. Decisions, final orders, and resolutions of RTC b. Decisions, final orders, and resolutions of NLRC c. Decisions and final orders of the SOLE in the exercise of its appellate jurisdiction over decisions and final orders of: a) POEA in its adjudicatory function in case of violations of the Labor Code and POEA Rules and Regulations b) [SOLE] 1) In violation of apprenticeship agreements final and executory c) National Wage Productivity Commission over Wage Order by Regional Tripartite Wage Productivity Board d) NLRC over direct and indirect contempt cases e) Bureau of Labor Relations on appeal over the order of cancellations of union registration/intra-labor dispute
CONCURRENT WITH SC a. Petition for MQHc b. Writ of amparo c. Petition for habeas data d. Petition for writ of continuing mandamus e. Petition for writ of kalikasan f. Injunctions 2. WITH RTC a. Petition for MQHc b. Writ of amparo c. Habeas data d. Petition for CM 3. WITH SB a. Writ of amparo b. Habeas data 1.
1.
APPELLATE Judgments, resolutions, orders, awards of: a. RTC in exercise of original jurisdiction (R41) b. RTC in exercise of appellate jurisdiction (R42) c. RTC in violations of IP Code (R43) d. MeTC/MTC/MCTC based on delegated jurisdiction (in cadastral and LR cases; BP 129) e. SDC in the absence of the station of the Shari’ah Appellate Courts f. Quasi-judicial bodies in the exercise of quasijudicial functions (R43) 1. CSC 2. SEC 3. OP 4. LRA 5. SSC 6. Civil Aeronautics Board 7. Bureau of Parents Trademarks and Technology Transfer 8. National Electrification istration 9. Energy Regulatory Board 10. National Telecommunications Commission 11. DAR 12. GSIS 13. ECC 14. Agricultural Inventions Board 15. Insurance Commission 16. PH Atomic Energy Commission 17. BOI 18. Construction Industry Arbitration Commission 19. Voluntary Arbitration 20. OMB in cases
5
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
COURT OF TAX APPEALS
1.
EXCLUSIVE ORIGINAL 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
EXCLUSIVE APPELLATE 1. Decision of CIR on matters relating to NIRC or law istered 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 CTA en banc: 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
6
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
SANDIGANBAYAN
1.
ORIGINAL Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense. a. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758)
EXCLUSIVE & ORIGINAL 1. Violations of RA 1379 (An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor)
APPELLATE Over final judgment, resolutions, or orders of RRC whether in exercise of their own original jurisdiction or their appellate jurisdiction
CONCURRENT WITH SC 1. Petition for MQHc 2. Writ of Amparo 3. Petition for habeas data 4. Petition for writ of kalikasan 5. Injunctions WITH SB 1. Writ of amparo 2. Habeas data WITH RTC 1. Writ of Amparo 2. Pet for HC
REGIONAL TRIAL COURTS
1.
2.
ORIGINAL Actions involving ambassadors, public ministers, and consuls Petition for writ of: a. Certiorari b. Prohibition c. Mandamus d. Quo Warranto e. Habeas corpus f. Amparo g. Habeas data h. Continuing mandamus
2.
3.
4.
EXCLUSIVE ORIGINAL CONCURRENT Civil actions in which the subject of the litigation is 1. WITH SC incapable of pecuniary estimation, e.g., a. Cases involving a. Action for declaratory relief APC b. Action for reformation of instrument b. Petition for c. Action for MQHc d. Petition for consolidation of ownership c. Writ of Amparo d. Petition for Civil actions which involve the title to, or possession of, habeas data real property, or any interest therein, where the assessed e. Petition for writ of value of the property involved exceeds P20,000 OMM or continuing P50,000 WMM, except actions for FE/UD mandamus f. Injunctions Actions in iralty and maritime jurisdiction where the demand or claim exceeds P300,000 OMM or P400,000 2. WITH CA WMM a. Petition for MQHc
1.
2.
APPELLATE Decision/final order 1. of: a. MeTC 2. b. MTC c. MCTC
SPECIAL Criminal cases
All of such decisions 3. made are within their respective 4. territorial jurisdiction
Agrarian cases,
Juvenile and Domestic Relations cases
Urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies
7
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
5.
All matters of probate, both testate and intestate where the gross value of the estate exceeds P300,000 OMM or P400,000 WMM
6.
All actions involving the contract of marriage and marital 3. WITH SB relations a. Writ of amparo b. Pet. For HC All cases not within the exclusive jurisdiction of any court, tribunal, person, or body exercising jurisdiction of any 4. WITH INSURANCE court, tribunal, person or body exercising judicial or quasiCOMMISSIONER judicial functions (General Jurisdiction) a. Claims not exceeding 100k 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
7.
8.
9.
b. c. d.
Writ of amparo Habeas data Petition for CM
5.
Other special cases as SC may determine in the interest of a speedy and efficient istration of justice
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 8
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
d. e. f. g. h.
and wife or those living together under different status and agreements, and dissolution of G Petitions for and/or acknowledgement Summary judicial proceedings Petitions for constitution of family home Petitions for declaration of status of children as abandoned, dependent, or neglected children 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, of associations or organizations ed with the Commission. b. Controversies arising out of intra-corporate or partnership relations, between and among stockholders, or associates; between and/or all of them and the corporation, partnership or association of which they are stockholders, 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 9
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
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
1.
EXCLUSIVE ORIGINAL Civil actions and probate (in/testate including grant of PROVREM in proper cases where value of personal property does not exceed 300k/400k)
2.
Specific performance or damages in the alternative
3.
iralty and maritime cases where demand does not exceed 300/400k
4.
Forcible entry/unlawful detainer
5.
Real actions wherein the assessed value of the subject property does not exceed 20/50k
1.
DELEGATED Cadastral or land registration: a. Uncontested lots b. Contested lots – where the value does not exceed P100,000. Land value will be ascertained by the affidavit of the claimant or by the claimants if there are several, or from the tax declaration of the real property
1. 2.
SPECIAL Petition for habeas corpus Application for bail in criminal cases in the province or city where the absent RTC judge sat
10
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
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 and cosolatary gifts (mut’a); and g. Restitution of marital gifts 2. All cases involving disputes relative to communal properties
SHARIAH DISTRICT COURT 11
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
ORIGINAL 1. Petition by Muslims for 1. a. Constitution of family home, b. Change of name, c. Commitment of an insane person to an asylum 2. All other personal/real actions NOT mentioned wherein the parties are Muslims except those for FE/UD (under EOJ of MTC) 2. 3. All special civil actions for Interpleader or Declaratory Relief wherein the parties are Muslims or property involved belongs exclusively to Muslims 3.
EXCLUSIVE ORIGINAL Cases involving a. Custody, b. Guardianship, c. Legitimacy, d. Paternity, e. Filiation arising under this Code
APPELLATE Cases tried in the Shariah Circuit Court within their territorial juris
Disposition and Settlement of Estate of deceased Muslims, Probate, Issuance of Letters of or Appointment of or Exec, regardless of the nature or aggregate value of the prop 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
12
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 Exists when there is doubt or controversy as to what law applies to a certain set of facts
QUESTION OF FACT Exists when the doubt or controversy arises as to the truth or 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 istrative tribunal prior to its resolution by the latter, where the question demands the exercise of sound istrative discretion, requiring the special knowledge, experience and services of the istrative 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 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 ISTRATIVE REMEDIES Courts must allow istrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence. To this end, istrative 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/istrative 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. ➢
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.
➢
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)
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 1
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
➢ MANNER OF AQCUIRING JURISDICTION 1. OVER THE SUBJECT MATTER a. Conferred by law (not by the consent of the parties) and determined by the cause/s of action as alleged in the complaint b. Cannot be made to depend upon the defenses set up in the answer or upon MTD or else jurisdiction would almost entirely depend upon the defendant 2. OVER THE PARTIES a. Plaintiff – filing of the complaint, petition or initiatory pleading before the court, AND payment of docket fees i. Unpaid legal fees are now considered as a lien on the judgment (Sun Insurance v. CA, 1992), as only as late payment is made before the action prescribes b. Defendant – (1) voluntary appearance or submission; (2) coercive process, generally by a valid service of summons
Courts of Limited jurisdiction: 1. Sandiganbayan 2. CTA 3. Shari’ah District Court 4. RTC (Probate, SCC, Family, drugs, etc.) 5. Shari’ah Circuit Court 6. MTC, MeTC, MCTC
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. ➢
Courts of original jurisdiction: 1. SC 2. CA 3. Sandiganbayan 4. CTA 5. RTC 6. Shari’ah District/Circuit Court 7. MeTC/MTCC/MTC/MCTC 8. Shari’ah Circuit Court
3.
OVER THE ISSUES – conferred by the pleadings submitted by the parties
4.
OVER THE CASE – by the act of the plaintiff and attaches upon the filing of the complaint/information
EXCLUSIVE Power of the court to hear and determine a case to the exclusion of all other courts.
5.
OVER THE RES OR THING – acquired by the actual/constructive seizure by the court of the thing in question, putting it in custodia legis which recognizes in the court the power to deal with the property/subject matter within its territorial jurisdiction
EXCLUSIVE ORIGINAL Power of the court to take judicial cognizance of a case instituted for the first time under the conditions provided by law, to the exclusion of all other courts. ➢
KINDS OF JURISDICTION GENERAL Power to hear and determine 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 the legal bounds of rights and remedies E.g., RTC is a court of general jurisdiction SPECIAL/LIMITED Restricts the court’s jurisdiction only to particular cases and subject to such limitations as may be provided by the governing law
Courts of exclusive & original jurisdiction 1. SC 2. CA 3. Sandiganbayan 4. CTA 5. RTC 6. SDC 7. Metc/MTC 8. SCC
APPELLATE Power and authority conferred upon a superior court to rehear and determine causes which have been tried in lower courts 2
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
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).
3
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
SUPREME COURT
1.
2.
ORIGINAL Actions involving a. Ambassadors, b. Public Ministers, and c. Consuls (§5(1), Art. VIII, Consti) Petitions for writ of: a. Certiorari b. Prohibition c. Mandamus d. Quo Warranto e. Habeas corpus f. Amparo g. Habeas data h. Continuing mandamus i. Kalikasan MQHAHCK
EXCLUSIVE ORIGINAL Petitions for writ of: a. Certiorari, b. Prohibition, c. Mandamus against judgments, final orders and resolutions of: 1. 2. 3. 4. 5. 6.
CA Sandiganbayan CTA COMELEC COA Ombudsman in criminal cases
1.
2.
3.
CONCURRENT WITH RTC a. Cases involving APC b. Petition for MQHc c. Writ of Amparo d. Petition for habeas data e. Petition for writ of continuing mandamus f. Injunctions WITH CA a. Petition for MQHc b. Writ of amparo c. Petition for habeas data d. Petition for writ of continuing mandamus e. Petition for writ of kalikasan f. Injunctions WITH SANDIGANBAYAN a. Petition for MQHc b. Writ of Amparo c. Petition for habeas data d. Petition for writ of kalikasan e. injunctions
1.
2.
APPELLATE Review, revise, reverse, modify or affirm on appeal or certiorari, final judgments and orders of lower courts in: a. Constitutionality or validity of any: Treaty, International/Executive agreement, Law, Presidential decree, Proclamation, Order, Ordinance, Instruction, other Regulation in Question b. Legality of any: Tax, Impost, Assessment, Toll, or any Penalty Imposed in relation thereto c. Cases in which jurisdiction of any lower court is in issue d. Criminal cases in which the penalty imposed is reclusion perpetua or higher e. Only errors/Questions of law involved Judgments, final orders, and resolutions of: a. CA (R45) b. SB (PD1606 as amended by RA 7975 and RA 8249) c. CTA en banc (RA 9282 in rel. to R45) d. RTC on pure questions of law (R45) e. CTA, SB, RTC in petitions for amparo f. CA, SB, RTC, in petitions for habeas data g. CA in petitions for kalikasan h. CA, RTC in petitions for continuing mandamus
4
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
COURT OF APPEALS
1.
2.
ORIGINAL Petition for writ of: a. Certiorari b. Prohibition c. Mandamus d. Quo Warranto e. Habeas corpus f. Amparo g. Habeas data h. Continuing mandamus i. Kalikasan Petition for freeze order on any monetary instrument, property, or proceeds relating to or involving any unlawful activity as defined under §3(j) of RA 9160 (AM No. 0511-04 SC)
1. 2.
EXCLUSIVE ORIGINAL Actions for annulment of judgment of RTC Petitions for M against: a. Decisions, final orders, and resolutions of RTC b. Decisions, final orders, and resolutions of NLRC c. Decisions and final orders of the SOLE in the exercise of its appellate jurisdiction over decisions and final orders of: a) POEA in its adjudicatory function in case of violations of the Labor Code and POEA Rules and Regulations b) [SOLE] 1) In violation of apprenticeship agreements final and executory c) National Wage Productivity Commission over Wage Order by Regional Tripartite Wage Productivity Board d) NLRC over direct and indirect contempt cases e) Bureau of Labor Relations on appeal over the order of cancellations of union registration/intra-labor dispute
CONCURRENT WITH SC a. Petition for MQHc b. Writ of amparo c. Petition for habeas data d. Petition for writ of continuing mandamus e. Petition for writ of kalikasan f. Injunctions 2. WITH RTC a. Petition for MQHc b. Writ of amparo c. Habeas data d. Petition for CM 3. WITH SB a. Writ of amparo b. Habeas data 1.
1.
APPELLATE Judgments, resolutions, orders, awards of: a. RTC in exercise of original jurisdiction (R41) b. RTC in exercise of appellate jurisdiction (R42) c. RTC in violations of IP Code (R43) d. MeTC/MTC/MCTC based on delegated jurisdiction (in cadastral and LR cases; BP 129) e. SDC in the absence of the station of the Shari’ah Appellate Courts f. Quasi-judicial bodies in the exercise of quasijudicial functions (R43) 1. CSC 2. SEC 3. OP 4. LRA 5. SSC 6. Civil Aeronautics Board 7. Bureau of Parents Trademarks and Technology Transfer 8. National Electrification istration 9. Energy Regulatory Board 10. National Telecommunications Commission 11. DAR 12. GSIS 13. ECC 14. Agricultural Inventions Board 15. Insurance Commission 16. PH Atomic Energy Commission 17. BOI 18. Construction Industry Arbitration Commission 19. Voluntary Arbitration 20. OMB in cases
5
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
COURT OF TAX APPEALS
1.
EXCLUSIVE ORIGINAL 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
EXCLUSIVE APPELLATE 1. Decision of CIR on matters relating to NIRC or law istered 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 CTA en banc: 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
6
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
SANDIGANBAYAN
1.
ORIGINAL Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense. a. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758)
EXCLUSIVE & ORIGINAL 1. Violations of RA 1379 (An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor)
APPELLATE Over final judgment, resolutions, or orders of RRC whether in exercise of their own original jurisdiction or their appellate jurisdiction
CONCURRENT WITH SC 1. Petition for MQHc 2. Writ of Amparo 3. Petition for habeas data 4. Petition for writ of kalikasan 5. Injunctions WITH SB 1. Writ of amparo 2. Habeas data WITH RTC 1. Writ of Amparo 2. Pet for HC
REGIONAL TRIAL COURTS
1.
2.
ORIGINAL Actions involving ambassadors, public ministers, and consuls Petition for writ of: a. Certiorari b. Prohibition c. Mandamus d. Quo Warranto e. Habeas corpus f. Amparo g. Habeas data h. Continuing mandamus
2.
3.
4.
EXCLUSIVE ORIGINAL CONCURRENT Civil actions in which the subject of the litigation is 1. WITH SC incapable of pecuniary estimation, e.g., a. Cases involving a. Action for declaratory relief APC b. Action for reformation of instrument b. Petition for c. Action for MQHc d. Petition for consolidation of ownership c. Writ of Amparo d. Petition for Civil actions which involve the title to, or possession of, habeas data real property, or any interest therein, where the assessed e. Petition for writ of value of the property involved exceeds P20,000 OMM or continuing P50,000 WMM, except actions for FE/UD mandamus f. Injunctions Actions in iralty and maritime jurisdiction where the demand or claim exceeds P300,000 OMM or P400,000 2. WITH CA WMM a. Petition for MQHc
1.
2.
APPELLATE Decision/final order 1. of: a. MeTC 2. b. MTC c. MCTC
SPECIAL Criminal cases
All of such decisions 3. made are within their respective 4. territorial jurisdiction
Agrarian cases,
Juvenile and Domestic Relations cases
Urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies
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REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
5.
All matters of probate, both testate and intestate where the gross value of the estate exceeds P300,000 OMM or P400,000 WMM
6.
All actions involving the contract of marriage and marital 3. WITH SB relations a. Writ of amparo b. Pet. For HC All cases not within the exclusive jurisdiction of any court, tribunal, person, or body exercising jurisdiction of any 4. WITH INSURANCE court, tribunal, person or body exercising judicial or quasiCOMMISSIONER judicial functions (General Jurisdiction) a. Claims not exceeding 100k 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
7.
8.
9.
b. c. d.
Writ of amparo Habeas data Petition for CM
5.
Other special cases as SC may determine in the interest of a speedy and efficient istration of justice
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 8
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
d. e. f. g. h.
and wife or those living together under different status and agreements, and dissolution of G Petitions for and/or acknowledgement Summary judicial proceedings Petitions for constitution of family home Petitions for declaration of status of children as abandoned, dependent, or neglected children 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, of associations or organizations ed with the Commission. b. Controversies arising out of intra-corporate or partnership relations, between and among stockholders, or associates; between and/or all of them and the corporation, partnership or association of which they are stockholders, 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 9
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
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
1.
EXCLUSIVE ORIGINAL Civil actions and probate (in/testate including grant of PROVREM in proper cases where value of personal property does not exceed 300k/400k)
2.
Specific performance or damages in the alternative
3.
iralty and maritime cases where demand does not exceed 300/400k
4.
Forcible entry/unlawful detainer
5.
Real actions wherein the assessed value of the subject property does not exceed 20/50k
1.
DELEGATED Cadastral or land registration: a. Uncontested lots b. Contested lots – where the value does not exceed P100,000. Land value will be ascertained by the affidavit of the claimant or by the claimants if there are several, or from the tax declaration of the real property
1. 2.
SPECIAL Petition for habeas corpus Application for bail in criminal cases in the province or city where the absent RTC judge sat
10
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
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 and cosolatary gifts (mut’a); and g. Restitution of marital gifts 2. All cases involving disputes relative to communal properties
SHARIAH DISTRICT COURT 11
REMEDIAL LAW – JURISDICTION | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
ORIGINAL 1. Petition by Muslims for 1. a. Constitution of family home, b. Change of name, c. Commitment of an insane person to an asylum 2. All other personal/real actions NOT mentioned wherein the parties are Muslims except those for FE/UD (under EOJ of MTC) 2. 3. All special civil actions for Interpleader or Declaratory Relief wherein the parties are Muslims or property involved belongs exclusively to Muslims 3.
EXCLUSIVE ORIGINAL Cases involving a. Custody, b. Guardianship, c. Legitimacy, d. Paternity, e. Filiation arising under this Code
APPELLATE Cases tried in the Shariah Circuit Court within their territorial juris
Disposition and Settlement of Estate of deceased Muslims, Probate, Issuance of Letters of or Appointment of or Exec, regardless of the nature or aggregate value of the prop 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
12
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