Civil Procedure

21 11 2017

venue vs jurisdiction

venue is a place where the case may be tried; may be waived

jurisdiction is a power to try and decide a case; cannot be waived

what is orig jurisdiction

power of the court to try and decide a case at its inception

exclusive jurisdiction
appellate jurisdiction
jurisdiction by estoppel
sps tijam vs sibonghanoy
action for recovery for sum of money
recoverable amount is 1982
RTC - Cebu
Issue: WON the action should be dismissed on the lack of jurisdiction
Held: can’t be dismissed because the issue of the lack of jurisdiction
can be raised at any time of the proceeding
The case proceeded in the RTC even if they had no jurisdiction
because they did not raise it at the early stages of the trial; the manila
surety only raised the issue of jurisdiction when they reached the CA
in the filing of the appeal
CA certified the matter to
Manila surety is barred by laches because they have participated in
the proceedings already
SC applied the principle of jurisdiction by estoppel

Jurisdiction over unlawful detainer and forcible entry

MTC
Exception of the doctrine of non-interference
When fraud has been committed
Substantive rights were affected
Can the SC assign the RTC to determine unlawful detainer cases?
NO.
23 11 2017

Jurisdiction of the SC
SC sits en banc – in a division there are 5 members (3 constitutes a quorum)
Cases decided by the SC en banc
Jurisdiction of the CA, RTC, MTC
What is pecuniary estimation
Totality rule with regards to claims