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Classification of Jurisdiction

a. General
b. Special or Limited
c. Original
d. Exclusive
e. Exclusive Original
f. Appellate
g. Concurrent
h. Delegated; and
i. Territorial

Concurrent/Confluent/Coordinate power conferred upon


different courts, whether of the same or different ranks, to take
cognizance at the same stage of the same case in the same or
different judicial territories

General the power of the court to adjudicate all controversies


except those expressly withheld from the plenary powers of the
court.
a. RTC is a court of General Jurisdiction
Durisol Phil., Inc. v. CA. RTC is a court of general jurisdiction
because all cases, the jurisdiction of which is not specifically
provided by law to be within the jurisdiction of any other court falls
within the jurisdiction of the RTC.
b. What is the Presumption in Case the Court Assumes
General Jurisdiction?
Francisco, Civil Procedure. A court of general jurisdiction is
presumed to be acting within its jurisdiction unless the contrary is
shown

Ancillary involves the inherent or implied powers of the court to


determine issues incidental to the exercise of its primary
jurisdiction; Under its ancillary jurisdiction, a court may determine
all questions relative to the matters brought before it, regulate the
manner in which a trial shall be conducted, determine the hours at
which the witnesses and lawyers may be heard, and grant an
injunction, attachment or garnishment. (itatanong dito, what is the
ancillary jurisdiction of SC. So sasabihin mo to grant provisional
remedies under Rules 57 61 pero exception is R61-support
pendente lite kasi Family Courts/RTC lang ang pwede mag-issue
nyan, not SC.)

Special or Limited one which restricts the courts jurisdiction


only to particular cases and subject to such limitations as may be
provided by the governing law.
Original or the 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.
Exclusive the power to adjudicate a case or proceeding to the
exclusion of all courts at that stage
Exclusive and Original the power of the court to take judicial
cognizance of a case for judicial action for the first time under the
conditions provided by law, and to the exclusion of all other courts.
Appellate - 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.

Territorial refers to the geographical area within which its powers can
be exercise

Delegated the grant of authority to inferior courts to hear and


determine cadastral and land registration cases under certain
conditions.

Residual power / Residual Jurisdiction R41, S9


Xxx prior to the transmittal of the original record or the record on
appeal, the court may issue orders for the protection and
preservation of the rights of the parties w/c do not involve any
matter litigated by the appeal, approve compromises, permit
appeals of indigent litigants, order execution pending appeal in
accordance w/ section 2 of rule 39, and allow withdrawal of the
appeal.
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. Withal, prior to
the transmittal of the original records of the case to the CA, the RTC
may issue orders for the protection and preservation of the rights of
the prevailing party, as in this case, the issuance of the writ of
execution because the respondents appeal was not perfected.
(Gonzales v Pe, 9 Aug 2011)
Doctrine of Primary Jurisdiction (DPJ)
Under the doctrine of primary jurisdiction, courts must refrain from
determining a controversy involving a question w/c is w/in the
jurisdiction of the administrative tribunal prior to its resolution by

the latter, where the question demands the exercise of sound


administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal to determine
technical and intricate matters of fact.
(The DPJ is not the same as Exhaustion of Admin Remedies.
Violation of DPJ is a ground for dismissal for lack of jurisdiction;
whereas Non-exhaustion of admin remedies may result to dismissal
on the ground of non-compliance with a condition precedent.)
Doctrine of Non-Interference / Doctrine of Judicial Stability
No court can interfere by injunction w/ the judgment or orders of
another court of concurrent jurisdiction having the power to grant
the relief sought by injunction.
[BP 129 Judiciary Reorganization Act of 1980, as amended
by RA 7691]
Doctrine of Hierarchy of Courts
Resort to the higher courts should be made in accordance with their
hierarchical order. [SC] 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 [our] primary
jurisdiction. (if tinanong, xpns to doctrine of hierarchy of courts, say
exceptional & compelling circumstances/reasons. Pag nagtanong
ng what else, tsaka nyo lang sabihin itong enumeration na nakita
ko sa isang kaso. This is a 2015 case na inenumerate ng SC ang
xpns so you might want to take note dahil alam nyo namang
mahilig si DT sa recent jurisprudence)
a. Genuine issues of constitutionality that must be addressed at
the most immediate time;
b. Issues involved are of transcendental importance;
c. In cases of first impression, no jurisprudence yet exists that will
guide the lower courts on this matter;
d. Constitutional issues raised are better decided by this court
(Supreme Court);
e. Exigency in certain situations would qualify as an exception for
direct resort to the SC (time element);
f. The petition filed reviews the act of a constitutional organ (ex.
COMELEC);
g. The petition includes questions that are "dictated by public
welfare and the advancement of public policy, or demanded by
the broader interest of justice, or the orders complained of were
found to be patent nullities, or the appeal was considered as
clearly an inappropriate remedy.

(The Diocese of Bacolod v COMELEC, 21 Jan 2015)


RTC Original / Concurrent
1. The RTC shall exercise original jurisdiction:
a. In the issuance of writs of C P M Q H and injunction w/c may
be enforced in any part of the respective region.
b. In actions affecting ambassadors and other public ministers
and consuls.
2. Petition for writ of amparo, habeas data & continuing
mandamus.
RTC Exclusive Original
1. In all civil actions in w/c the subject of litigation is incapable of
pecuniary estimation;
2. In all civil actions w/c involve title to, or possession of real
property or any interest therein, where the assessed value of
the property involved exceeds 20k or in civil actions in MM,
where such value exceeds 50k;
3. In all actions in admiralty and maritime jurisdiction where the
demand or claim exceeds 300k or in MM, where such demand
or claim exceeds 400k;
4. In all matters of probate, both testate and intestate, where the
gross value of the estate exceeds 300k or in probate matters in
MM, where such gross value exceeds 400k;
5. In all actions involving the contract of marriage and marital
relations;
6. In all cases not w/in the exclusive original jurisdiction of any
court, tribunal, person or body exercising judicial or quasijudicial functions;
7. In all civil actions and special proceedings falling w/in the
exclusive original jurisdiction of the juvenile and domestic
relations court and of the court of agrarian relations, as now
provided by law;
8. In all other cases in w/c the demand, exclusive of interest,
damages of whatever kind, litigation expenses, and costs; or
the value of the property in controversy exceeds 300k or, in
such other cases in MM where the demands, exclusive of the
abovementioned items, exceeds 400k.
Incapable of pecuniary estimation
In determining whether an action is one the subject matter of which
is not capable of pecuniary estimation this Court has adopted the
criterion of first ascertaining the nature of the principal action or
remedy sought. If it is primarily for the recovery of a sum of money,

the claim is considered capable of pecuniary estimation, and


whether jurisdiction is in the municipal courts or in the courts of
first instance would depend on the amount of the claim. However,
where the basic issue is something other than the right to recover a
sum of money, or where the money claim is purely incidental to, or
a consequence of, the principal relief sought, like in suits to have
the defendant perform his part of the contract (specific
performance) and in actions for support, or for annulment of a
judgment or to foreclose a mortgage, this Court has considered
such actions as cases where the subject of the litigation may not be
estimated in terms of money, and are cognizable exclusively by
courts of first instance. The rationale of the rule is plainly that the
second class cases, besides the determination of damages,
demand an inquiry into other factors which the law has deemed to
be more within the competence of courts of first instance, which
were the lowest courts of record at the time that the first organic
laws of the Judiciary were enacted allocating jurisdiction. (Heirs of
Juanita Padilla v Dominador Magdua, 15 Sept 2010; Lapitan v
Scandia, 31 July 1968)
(If tinanong what is incapable of pecuniary estimation? say, the
subject matter, NOT the action, is incapable of PE. Example, action
for support, the subject matter of the action is incapable of PE. Do
not say the action is incapable of PE. Ang teknik lagi mong lalagyan
ng the subject matter of the action bago mo sabihin yung
incapable of PE.)
RTC Special: The SC may designate certain branches of the RTC
to handle exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases w/c do not
fall under the jurisdiction of quasi-judicial bodies and agencies and
such other cases as the SC may determine in the interest of a
speedy and efficient administration of justice.
Special agrarian court - EO over all petitions for the determination
of just compensation in that province

b.

c.
d.

misrepresentation which may be detrimental to the interest of the


public and/or of the stockholder, partners, members of associations or
organizations registered with the Commission.
Controversies arising out of intra-corporate or partnership relations,
between and among stockholders, members, or associates; between
any or all of them and the corporation, partnership or association of
which they are stockholders, members 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;
Controversies in the election or appointments of directors, trustees,
officers or managers of such corporations, partnerships or associations.
Petitions of corporations, partnership or associations to be declared in
the state of suspension of payments in case where the corporation,
partnership or associations, possesses sufficient property to cover all
debts but foresees the impossibility of meeting them when they
respectively fall due or in case where the corporation, partnership or
associations has no sufficient assets to cover liabilities, but is under
the management of the Rehabilitation Receiver or a Management
Committee.

2. SAIF CAC SSC DIC


Special agrarian court
Annulment of judgment
Infringement & Unfair Competition
Family court
Custody of minor
Adoption & revocation of adoption
Complaints for annulment of marriage
Support/acknowledgment

RTC Appellate: RTCs shall exercise appellate jurisdiction over all


cases decided by the MTCs in their respective territorial
jurisdictions.

Summary judicial proceedings under family code

RTC others EO

Declaration of status of children

1. Intra-corp controversies - sec 5.2 Securities & Regulations Code


(p.25)

Involuntary commitment of a child

Intra-corporate controversies under R.A. 8799, Sec. 5.2.


a.

Devices or schemes employed by or any acts, of the board of directors,


business associates, its officers or partnership, amounting to fraud and

Consti of family home

Civil forfeiture of monetary instrument

3. QJA ACTAP CRF

Petition questioning the existence, validity, and enforceability


of an arbitration agreement.
Petition for judicial relief from the ruling arbitral tribunal on a
preliminary question upholding or declining jurisdiction.
Petition for Interim Measure of Protection.
Petition for appointment of arbitrator.
Petition challenging the appointment of arbitrator.
Petition to terminate the mandate of an arbitrator.
Petition for assistance in taking evidence.
Petition for Protective Order.
Petition for confirmation, correction/modification or vacation of
a domestic arbitral award.
Petition to recognize and enforce, set aside an arbitral award.
Petition to recognize and enforce a foreign arbitral award.

Rules of Procedure on Small Claims Cases: Payment of money


where the value of the claim does not exceed 200k exclusive of
interest & costs.
MTC Special: In the absence of all RTC judges in a province or
city, any MTC judge may hear and decide petitions for writ of
habeas corpus or applications for bail in criminal cases in the
province or city where the absent RTC judges sit.
MTC Delegated: MTCs may be assigned by the SC to hear and
determine cadastral or land registration cases covering lots where
there is no controversy or opposition, or contested lots where the
value of w/c does not exceed 100k, such value to be ascertained by
the affidavit of the claimant, or by agreement of the respective
claimant if there are more than one, or from the corresponding tax
declaration of the real property. Their decision in these cases shall
be appealable in the same manner as decisions of the RTCs.
PD 1083 The Code of Muslim Personal Laws of the
Philippines
Shariah District Court EO

MTC EO
BP 129
1. Over civil actions and probate proceedings, testate and
intestate, including the grant of provisional remedies in proper
cases, where the value of the personal property, estate, or
amount of the demand does not exceed 300k or in MM where
such personal property, estate, or amount of the demand does
not exceed 400k exclusive of I D A L C;
2. In all civil actions w/c involve title to or possession of real
property or any interest therein where the assessed value of the
property or any interest therein does not exceed 20k or in civil
actions in MM, where such assessed value does not exceed 50k
exclusive of I D A L C.
Summary Procedure
1. Exclusive original jurisdiction over cases of forcible entry and
unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered xxx;
2. Over all cases, except probate proceedings, where the total
amount of the plaintiffs claim does not exceed 100k or 200k in
MM, exclusive of interest and costs.

Art 413. The SDC shall exclusive original jurisdiction over:


a) All cases involving custody, guardianship, legitimacy,
paternity and filiation arising under this Code; (cglpf)
b) All cases involving disposition and settlement of the estate
of deceased Muslims, probate of the wills, issuance of letters
administration or appointment of administrator or executors
regardless of the nature or the aggregate value of the
property;
c) Petitions for declaration of absence and death and for the
cancellation or correction of entries in the Muslim Registries
mentioned in Title VI of Book Two of this Code;
d) All actions arising from customary contracts in which the
parties are Muslims, if they have not specified which law
shall govern their relations; and
e) All petitions for mandamus, prohibition, injunction,
certiorari, habeas corpus, and other auxiliary writs and
processes in aid of its appellate jurisdiction.
Shariah Circuit Court EO
Art 155. The SCC shall have exclusive original jurisdiction over:
1. Xxx
2. All civil actions and proceedings between parties who are
Muslims or have been married in accordance with Art 13
involving disputes relating to:

MDB
a.
b.
c.
d.
e.
f.

CDMR
Marriage;
Divorce recognized under this Code;
Betrothal or breach of contract of marriage;
Customary dower (mahr);
Disposition and distribution of property upon divorce;
Maintenance and support, and consolatory gifts
(muta); and
g. Restitution of marital gifts;
3. All cases involving disputes relative to communal properties.
CA Original / EO
BP 129
1. Original jurisdiction to issue writs of mandamus, prohibition,
certiorari, habeas corpus, and quo warranto and auxiliary writs
or processes, w/n in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of
judgments of the RTCs.
CA Original / Concurrent: Petitions for writs of amparo, habeas
data, continuing mandamus & kalikasan
CA EO over for petitions for C P or M against decisions, final
orders and resolutions of:
1. RTC
2. NLRC
3. Sec of Labor and Employment in the exercise of its appellate
jurisdiction
CA Appellate
1. Decisions of MTCs in cadastral or land registration cases;
2. Exclusive appellate jurisdiction over all final (j d r o a)
judgments, decisions, resolutions, orders or awards of the RTC
and quasi-judicial agencies, instrumentalities, boards or
commissions, including the SEC, SSC, ECC and Civil Service
Commission, except those falling w/in the appellate jurisdiction
of the SC in accordance w/ the Constitution and the Labor Code.
3. Exclusive appellate jurisdiction over J D R O A of the ff courts or
tribunals:
a. RTC original j under R41
b. RTC appellate j under R42
c. Quasi-judicial bodies under R43:
R43 shall apply to appeals from judgments, final orders
or resolutions of or authorized by any QJA in the exercise
of its quasi-judicial functions. Among these agencies are:
i. CSO

ii. LSC
iii. BNEN
-

Civil Service Comm


Securities and Exchange Comm
Office of the President
Land Registration Authority
Social Security Comm
Civil Aeronautics Board
Bureau of Patents, Trademarks and Tech
Transfer
National Electrification Administration
Energy Regulatory Board
National Telecommunications Commission

iv. DGEA
- Dept of Agrarian Reform Adjudication
Board
- Government Service & Insurance System
- Employees Compensation Comm
- Agricultural Inventions Board
v. IPB
- Insurance Comm
- Phil Atomic Energy Comm
- Board of Investments
vi. CVD
- Construction Industry Arbitration Comm
- Voluntary Arbitrators
- Decisions of the Ombudsman in admin
cases
Sandiganbayan EO: Civil cases filed pursuant to and in
connection with EO 1, 2, 14 & 14-A issued in 1986

Sandiganbayan Ancillary (accdg to DT, ancillary jurisdiction


daw ito although under RA 8249, exclusive original ang nakalagay):
Over petitions for the issuance of writs of C P M H I and other
auxiliary writs and processes in aid of its appellate jurisdiction and
over petitions of similar nature, including quo warranto; EO over
cases for the forfeiture of illegally acquired wealth under RA 1379
(An Act Declaring Forfeiture of Ill-gotten Wealth of Public Officers &
Employees)
Sandiganbayan Exclusive appellate: final judgments,
resolutions or orders of regional trial courts whether in the exercise
of their own original jurisdiction or of their appellate jurisdiction as
herein provided.

SC Original / Concurrent
1. Over cases affecting ambassadors, other public ministers and
consuls and over petitions for C P M Q and H.
2. Over petitions for writs of amparo, habeas data, continuing
mandamus and kalikasan.
SC Exclusive Original: over petitions for C P M against j, fo and
reslns:
a.
b.
c.
d.
e.
f.

CA
Sandiganbayan
CTA
COMELEC
Comm on Audit
Ombudsman in criminal cases

SC Appellate: over j, fo and reslns of ff:


a.
b.
c.
d.
e.

CA under R45
Sandiganbayan
CTA en banc
RTC under R45
CA, RTC and Sandiganbayan in petition for writ of amparo
and habeas data

CTA Exclusive Appellate


The CTA shall exercise:
a. Exclusive appellate jurisdiction to review by appeal, as herein
provided:
1. Decisions of the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue taxes,
fees or other charges, penalties in relation thereto, or other matters
arising under the National Internal Revenue or other laws
administered by the Bureau of Internal Revenue;
2. Inaction by the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue taxes,
fees or other charges, penalties in relations thereto, or other
matters arising under the National Internal Revenue Code or other
laws administered by the Bureau of Internal Revenue, where the
National Internal Revenue Code provides a specific period of action,
in which case the inaction shall be deemed a denial;
3. Decisions, orders or resolutions of the Regional Trial Courts in
local tax cases originally decided or resolved by them in the
exercise of their original or appellate jurisdiction;

4. Decisions of the Commissioner of Customs in cases involving


liability for customs duties, fees or other money charges, seizure,
detention or release of property affected, fines, forfeitures or other
penalties in relation thereto, or other matters arising under the
Customs Law or other laws administered by the Bureau of Customs;
5. Decisions of the Central Board of Assessment Appeals in the
exercise of its appellate jurisdiction over cases involving the
assessment and taxation of real property originally decided by the
provincial or city board of assessment appeals;
6. Decisions of the Secretary of Finance on customs cases elevated
to him automatically for review from decisions of the Commissioner
of Customs which are adverse to the Government under Section
2315 of the Tariff and Customs Code;
7. Decisions of the Secretary of Trade and Industry, in the case of
nonagricultural product, commodity or article, and the Secretary of
Agriculture in the case of agricultural product, commodity or article,
involving dumping and countervailing duties under Section 301 and
302, respectively, of the Tariff and Customs Code, and safeguard
measures under Republic Act No. 8800, where either party may
appeal the decision to impose or not to impose said duties.
What is a writ of amparo?
A.M. 07-9-12-SC, Sec. 1. Petition The petition for a writ of
amparo is a remedy available to any person whose right to life,
liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a
private individual or entity.
The writ shall cover extralegal killings and enforced disappearances
or threats thereof.
What is petition for habeas data?
A.M. 08-1-16-SC, Sec. 1. Habeas Data - The writ of habeas
data is a remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an unlawful act
or omission of a public official or employee, or of a private
individual or entity engaged in the gathering, collecting or storing
(GCS) of data or information regarding the person, family, home
and correspondence (PFHC) of the aggrieved party.
What is a petition for Continuing Mandamus

Sec. 1. Petition for continuing mandamus - When any agency


or instrumentality of the government or officer thereof unlawfully
neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust or station in
connection with the enforcement or violation of an environmental
law rule or regulation or a right therein, or unlawfully excludes
another from the use or enjoyment of such right and there is no
other plain, speedy and adequate remedy in the ordinary course of
law, the person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty, attaching thereto
supporting evidence, specifying that the petition concerns an
environmental law, rule or regulation, and praying that judgment
be rendered commanding the respondent to do an act or series of
acts until the judgment is fully satisfied, and to pay damages
sustained by the petitioner by reason of the malicious neglect to
perform the duties of the respondent, under the law, rules or
regulations. The petition shall also contain a sworn certification of
non-forum shopping.
What is a petition for Writ of Kalikasan?
Sec. 1. Nature of the writ. - The writ is a remedy available to a
natural or juridical person, entity authorized by law, peoples
organization, non-governmental organization, or any public interest
group accredited by or registered with any government agency, on
behalf of persons whose constitutional right to a balanced and
healthful ecology is violated, or threatened with violation by an
unlawful act or omission of a public official or employee, or private
individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants
in two or more cities or provinces.

DOCTRINE OF IMMUTABILITY OF JUDGMENT


Under the doctrine of finality of judgment or immutability of
judgment, a decision that has acquired finality becomes immutable
and unalterable, and may no longer be modified in any respect,
even if the modification is meant to correct erroneous conclusions
of fact and law, and whether it be made by the court that rendered
it or by the Highest Court of the land. Any act which violates this
principle must immediately be struck down.
This doctrine admits a few exceptions, usually applied to serve
substantial justice:
1. "The correction of clerical errors;
2. the so-called nunc pro tunc entries which cause no prejudice to
any party;
3. void judgments; and
4. whenever circumstances transpire after the finality of the
decision rendering its execution unjust and inequitable." (Gadrinab
v Salamanca, GR# 194560 , June 11, 2014)
DOCTRINE OF ESTOPPEL BY LACHES or EQUITABLE ESTOPPEL
Active participation of the party against whom the action was
brought, coupled w/ his failure to object to the jurisdiction of the
court or administrative body where the action is pending, is
tantamount to an invocation of that jurisdiction and a willingness to
abide by the resolution of the case and will bar the said party from
later on impugning the court or the bodys jurisdiction. (Megar
Sugar Corp v RTC of Iloilo, 01 June 2011)

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