Chapter 2: Jurisdiction and venue

1. JURISDICTION IN GENERAL

Q: JURISDICTION

A: The court's authority to hear, try, and determine a case, The authority of the court to execute its decision.

Q: DOES THE JUDGE HAVE THE JURISDICTION IN CASES?

A: It is the COURT who has jurisdiction, not the judge. The continuity of the court and the efficiency of the

proceeding are not affected by the death, resignation, or cessation of the judge's service.

Q: WHAT IS THE ASPECT OF JURISDICTION?

A: a. Jurisdiction over the subject matter

b. jurisdiction over the parties

c. jurisdiction over the issue of the case

d. jurisdiction over the res/ being involved in litigation.

2. JURISDICTION OVER THE SUBJECT MATTER

Q: WHAT IS JURISDICTION OVER THE SUBJECT MATTER?

A: Referred to as the power of the particular court to hear the type of cases that is then before it.

- Refers to the jurisdiction of the court over the class to which a particular case belongs.

Q: WHAT ARE TO BE CONSIDERED AS SUBJECT MATTER?

A:

Type of
Definition Examples Jurisdiction Exemptions
Action

Real Actions Actions affecting - Ejectment (Forcible - Municipal Trial Court - Ejectment cases

title to, possession Entry and Unlawful (MTC) if the assessed (forcible entry &

of, or interest in Detainer) - Quieting value does not exceed unlawful detainer) are

real property. of Title - Recovery of P400,000 in Metro always under the MTC,

Ownership - Partition Manila or P300,000 in regardless of property

of Property - other areas. - Regional value.

 Type of
Definition Examples Jurisdiction Exemptions
Action

Trial Court (RTC) if the

Foreclosure of
value exceeds the
Mortgage
threshold.

Actions for - If the principal relief

- Collection of Sum
enforcement of a sought is status-related
of Money - Breach of - MTC if the amount
contract, recovery (e.g., annulment of
Personal Contract - Damages claimed does not exceed
of money, or contract, declaration of
Actions due to Negligence - P2,000,000. - RTC if it
damages, not nullity), RTC has
Obligations and exceeds P2,000,000.
involving real jurisdiction even if
Contracts
property. money is involved.

Actions where the - Annulment of - Habeas corpus, amparo,

main issue is not Marriage - Legal and habeas data petitions

Actions
based on a Separation - Writs of - RTC has exclusive may be filed with the
Incapable of
monetary claim Habeas Corpus - jurisdiction regardless of Supreme Court, Court of
Pecuniary
but on status, Adoption - Custody monetary value. Appeals, or even lower
Estimation
rights, or of Minors - courts, depending on the

obligations. Declaratory Relief circumstances.

Note:

 a court or tribunal must first determine whether or not it has jurisdiction over the subject matter

presented before it. Considering any act that is performed without the jurisdiction shall be null and

void. (BILAG V. AYAY)

 the court has to dismiss an action whenever it appears that the court has no jurisdiction over the subject

matter (TAGALOG V. LIM)

 When the pleadings or the evidence on record that the court has no jurisdiction over the subject matter,

the court shall dismiss the claim. (ROC, R9S1)

Q: WHAT WOULD HAPPEN IF THE QUESTION OF JURISDICTION OVER THE SUBJECT

MATTER DID NOT RAISE BY THE BOTH PARTY?

A: The court may recognize the want of jurisdiction and act accordingly by staying pleadings, dismissing

the action, or otherwise noticing the defect at any stage of the proceeding (BUREAU OF CUSTOMS V.

DEVANADERA)

Q: WHAT IS THE EFFECT OF LACK OF JURISDICTION OVER THE SUBJECT MATTER?

A: The general rule: the proceedings conducted of decisions made by a court are legally void where

jurisdiction is absent over the subject matter.

Q: WHAT HAPPENS WHEN A DECISION IS RENDERED BY THE COURT EVEN THOUGH IT

LACKS JURISDICTION OVER THE SUBJECT MATTER?

A: a decision rendered by the court devoid of jurisdiction may be subject to collateral attack., If the

jurisdictional defect appears on the record the appellate court may on its initiative, dismiss the action.

(TAGALOG V. LIM)

NOTE:

 A void judgment for lack of jurisdiction is no judgment at all. It cannot be the source of the right nor the

creator of an obligation. Hence, it can never become final and any writ of execution based on it is void.

(BALBAGO BAPTIST CHURCH V. FAITH IN CHRIST JESUS)

 If the other court has lacked jurisdiction over the case the court should order such dismissal, it would be

an error for that court to refer or forward the case to the other court with the proper jurisdiction (BAR

2004)

Q: JURISDICTION VS THE EXERCISE OF JURISDICTION

 Aspect Jurisdiction Exercise of Jurisdiction

The authority granted to a court to hear and The actual application of that authority by the
Definition
decide a case based on law. court in conducting proceedings.

Determined by Constitution, statutes, and

Governed by procedural laws and judicial
Legal Basis procedural rules (e.g., Judiciary Act, Rules
discretion, ensuring due process and fair trial.
of Court).

Defines which cases a court can hear based Determines how the court handles cases within its

Scope on the subject matter, amount involved, or jurisdiction, including issuing rulings and

parties. managing proceedings.

- Subject Matter Jurisdiction (e.g., RTC for

annulment, MTC for ejectment). - Proper Exercise: Following the correct

- Territorial Jurisdiction (court must be procedure, allowing due process.

Types within the geographical area of the - Erroneous Exercise: Misinterpretation of law,

dispute). improper admission of evidence, or procedural

- Jurisdiction over the Parties (court must lapses.

have authority over the persons involved).

✅ Yes—If a party fails to timely object to

❌ No—Jurisdiction is conferred by law and
Can It Be procedural errors, they may be considered waived
cannot be waived by agreement or consent
Waived? (e.g., failure to challenge improper service of
of the parties.
summons).

- If a court lacks jurisdiction, its decision is

- If a court improperly exercises jurisdiction, the
Effect of void and has no legal effect. - The case
decision remains valid but can be appealed or
Absence may be dismissed or transferred to the
reviewed for legal errors.
proper court.
 Aspect Jurisdiction Exercise of Jurisdiction

- File a motion to dismiss for lack of - File an appeal if the decision is incorrect but

Remedy for jurisdiction. issued by a court with jurisdiction.

Errors - Raise the issue on certiorari before a - File a petition for certiorari if there is grave

higher court. abuse of discretion in the exercise of jurisdiction.

- A judge refusing to hear a crucial witness,

- An MTC cannot hear annulment cases
violating due process, is an improper exercise of
because it lacks jurisdiction (RTC has
jurisdiction.
Examples exclusive jurisdiction).
- A court deciding a case on merits but
- A Tax Court cannot decide on a criminal
misapplying the law is erroneous exercise of
case.
jurisdiction.

Q: ERROR OF JURISDICTION VS. ERROR OF JUDGEMENT

A: Error of Jurisdiction: The court had no power to hear the case → Decision is void.

Error of Judgment: The court had power but made a wrong decision → Decision can be appealed

Aspect Error of Jurisdiction Error of Judgment

Occurs when a court acts without Happens when a court with proper jurisdiction

Definition jurisdiction or exceeds its jurisdiction over makes an incorrect decision due to

the subject matter, parties, or territory. misinterpretation or misapplication of facts or law.

Renders the entire decision null and void

Effect on The decision remains valid and binding unless
because the court had no authority to hear
Decision reversed on appeal.
the case.

Grounds - Lack of jurisdiction over the subject - Misinterpretation of laws.

matter - Incorrect evaluation of evidence.

. - Lack of jurisdiction over the person. - Improper application of legal principles. - Wrong

- Lack of jurisdiction over the territory. factual findings.

 Aspect Error of Jurisdiction Error of Judgment

- The court acted beyond its lawful

authority.

❌ No—Jurisdiction is conferred by law

Can It Be ✅ Yes—If a party fails to timely object or appeal,
and cannot be waived by agreement or
Waived? the judgment becomes final.
consent.

- Petition for Certiorari (Rule 65) before a - Ordinary Appeal (Rule 41, Rule 45, or Rule 42)

Remedy higher court to annul the decision for to correct errors in the application of law or

grave abuse of discretion. appreciation of evidence.

- The court had no authority to hear the

Court’s - The court had authority but made an incorrect
case but still proceeded, making the ruling
Action ruling, which can be corrected on appeal.
void.

- A Municipal Trial Court (MTC) deciding

an annulment case (RTC has exclusive - A court wrongly interpreting a contract, leading

jurisdiction). to an incorrect ruling.

Examples
- A Regional Trial Court (RTC) issuing a - A judge misapplying the law on damages,

search warrant for tax violations, which is awarding the wrong amount.

under the Court of Tax Appeals.