ASPECTS OF JURISDICTION
JURISDICTION OVER THE PARTIES
How JURIS over P acquired: filing of complaint or petition
and timely payment of correct docket fees
(by doing so, P submits to JURIS)
How JURIS over D acquired
1. valid service of summons
2. voluntary appearance before Court
JURIS over subject matter
- power to hear and determine the general class to which
the proceeding in question belongs
How is JURIS conferred and determined
- conferred by Law
and not by consent or acquiscence of any or all of parties
or by an erroneous belief of the court that it exists
When C has no JURIS over subject matter, only power is to dismiss the case
JURIS over the subject mattter
- determined by the allegations in the complaint
that comprise a concise statement of ultimate facts
constituting the P's cause of action
Determines the nature of an action
As well as which court or body has jurisdiction over it
Irrespective of WON the P is entitled to recover upon all of the claims asserted
Consequence if C hears a case without having no juris over subject matter - null and void
no binding legal effect
DOCTRINE OF PRIMARY JURISDICTION
- if an admin tribunal has juris over controversy,
Courts should not resolve the issue even if it may be within its proper juris
if the question involves its sound discretion
requiring special knowledge, experience or services to determine technical and intricate matters of fact
- it cannot be waived
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES - a party must avail of all administrative processes available before seeking the Courts' intervention.
- Admin office concerned must be given every opportunity to decide on the matter within its JURIS
- may be waived
OBJECTIONS TO JURIS on subject matter Lack of Juris over SM can always ba raised anytime even for the first time in appeal
jurisdictional issues cannot be waived
Subject to principle of estoppel by laches
DOCTRINE OF ESTOPPEL BY LACHES
Laches is the failure or neglect for an unreasonable length of time
to do that which, by exercise of due diligence
could or should have been done earlier.
Negligence or omission to assert a right within a reasonable time
warranting a presumption that the party entitled to assert has abandoned it or declined to assert it. TIJAM v. SIBONGHANOY case
Estoppel by laches only supervenes in exceptional cases similar to the factual circumstances
LACHES should have been present
JURIS over issues
- expression of a principle that is involved in juris over persons of the parties When the issue has not been duly pleaded in complaint, the D cannot said to have been served with processes as to that issue
How acquired
Det. by pleadings filed in the case by
parties
parties' agreement in a pre-trial or stipulation parties' implied consent (failure of the party to object to evidence on an issue not covered by pleadings
JURIS over the res
is the power of the Court over an object or thing being litigated
how acquired
seizure of the thing under legal process, it is brought into actual custody of law
institution of legal proceeding, wherein power of the Court over thing is recognized and made effective JURISDICTION OF THE COURT
Jurisdiction opf