JURISDICTION

AND
INTERNATIONAL
L AWS
JURISDICTION:
• Refers to the power of a state to affect persons,
property and circumstances within its territory. It
may exercised through legislative, executive or
judicial actions.
• Power or authority given by the law to a court or
tribunal to hear and determine certain controversies.
JUDICIAL SYSTEM OF THE PRE –
SPANISH FILIPINOS
• The unit government of the indigenous Filipinos was barangay which was family
- based community of 30 – 100 families occupying a locality or area.

• Headed by a chieftain called “datu” who acted as a judge in settling disputes

and deciding cases in his barangay

• Barangay is not only political but also social and economic organization.
JUDICIAL SYSTEM UNDER SPANISH
REGIME:
• King Philip II established Real Audencia de Manila which was given not only
judicial but executive advisory as well as administrative functions as well.

• Composed of incumbent governoras the presidente (presiding officer), four

oidores (equivalent to associate justices), an asesor (legal adviser), an alguacil
mayor (chief constable), among other officials, the Real Audiencia de Manila
was both a trial and appellate court. It had exclusive original, concurrent
original and exclusive appellate jurisdictions.
THE ESTABLISHMENT OF THE SUPREME
COURT OF THE PHILIPPINES
• On June 11, 1901, the Second Philippine Commission passed Act No. 136
entitled “An Act Providing for the Organization of Courts in the Philippine
Islands” formally establishing the Supreme Court of the Philippine Islands and
creating Courts of First Instance and Justices of the Peace Courts throughout
the land.
• The Supreme Court created under the Act was composed of a Chief Justice
and six Judges. Five members of the Court could form a quorum, and the
concurrence of at least four members was necessary to pronounce a
judgment.
KINDS OF JURISDICTION
• As to cases tried:
– General – courts authority to hear all kinds of authority
which arise within its geographic area.
– Limited (specific cases) – power of court to hear only
certain types of cases or those in which amount in
controversy is below certain sum or that is subject to
exceptions.
• As to nature cause:
Original – where the case began
Appellate – hears, reviews and rules particular
disputed issue that involves whether or not the lower
court made an error when applying appropriate law
to the facts and case.
• As to extent of exercise
Exclusive – one court has the power to adjudicate a case
to the exclusion of all other courts.
Concurrent – two different courts have the authority to
hear the same case.

As to Situs:
Territorial – limited to the area
Extra territorial – legal ability of the government to
exercise authority beyond its normal boundaries. However
for claim to be effective in the external territory (except by
the exercise of force), it must be agreed either with legal
authority with the external authority or legal authority
which covers both territories.
CIVIL JURISDICTION
• it's the law at the time that governs the subject
matter of the case. Jurisdiction over the subject
matter can be questioned by the defendant (or
by the court, on its own initiative) any time, even
after judgment becomes final except if there's
estoppel.
• the plaintiff (the complaining party) comes
under the jurisdiction of the court when he sues
the defendant. The defendant comes under the
court's jurisdiction only if summons were
properly served on him or if he appears in court
voluntarily. The defendant can question the
court's jurisdiction, but only at the proper time -
and if he doesn't he waives the right to question
the jurisdiction.)
CRIMINAL JURISDICTION
There are only 3 requisites for acquiring
jurisdiction: over the subject matter,
which is determined by the facts in the
complaint; over the territory, which is
where the crime was committed,
generally (there are exceptions;) and,
over the accused which either happens
through arrest or voluntary appearance
in court by either posting bail, filing a
motion to quash or appearing at
arraignment or entering trial.
INTERNATIONAL LAW:
• particularly addresses questions of criminal law and
essentially leaves civil jurisdiction to national control.
• a collection of laws that are accepted as governing the
relations between states.
• international law sets out legal obligations, responsibilities,
and rights of one State against another. This aspect
of international law is based on sovereign equality. In
other words, each State is a sovereign and each State is
equal to, and independent of, all other States. This means
that when international law regulates the relations
between States, it applies equally to all States.
• There are three types of international law: public
international law, private international law, and
supranational law.
PUBLIC INTERNATIONAL LAW

– is the body of rules that is legally binding on States and

international organizations in their interactions with other
States, international organizations, individuals, and other
entities. It covers a range of activities; such as, diplomatic
relations, conduct of war, trade, human rights and sharing
of oceanic resources.
 PRIVATE INTERNATIONAL LAW
• different from public international law in that it governs private
conflicts between individuals, rather than between the states.
Private international law determines the jurisdiction that has
authority to hear a legal dispute, and which jurisdiction’s laws
should be applied to the situation.
• refers to that part of the law that is administered between private c
itizens of different countries or is
concerned with the definition, regulation, and enforcement of rights
in situations where both the person in whom the right
inheres and the person upon whom the obligation rests are private
citizens of different nations.
• A branch of Jurisprudence arising from the diverse laws of various na
tions that applies when private citizens of different
countries interact or transact business with one another.
 SUPRANATIONAL LAW
• refers to the situation wherein nations
surrender to the court their right to make
certain judicial decisions. The decisions made by
a court appointed by supranational law take
priority over the decisions that are made by
national courts.
• based on the limitation of the rights of
sovereign nations between one another. It is
distinguished from public international law,
because in supranational law, nations
explicitly submit their right to make judicial
decisions by treaty to a set of common tribunal.
INTERNATIONAL LAW

• Under the 1987 Constitution, international law can become part of the sphere of domestic law
either by transformation or incorporation
• The doctrine of transformation is that the generally accepted rules of international law are
not per se binding upon the State but must first be embodied in legislation enacted by the
lawmaking body and so transformed will they become binding upon the State as part of its
municipal law. (Isagani Cruz, International Law, 2000)
• The incorporation doctrine applies when, by mere constitutional declaration, international
law is deemed to have the force of domestic law. Mandates that the Philippines is bound by
generally accepted principles of international law which automatically form part of Philippine
law by operation of the Constitution. (Agpalo, International Law, 2006)
SOURCES OF INTERNATIONAL LAW
• TREATY OF LAW
- are written agreements that states willingly sign and ratify and as such
are obliged to follow.
- Treaties, however, are binding only on States which become parties
to them and the choice of whether or not to become party to a treaty
is entirely one for the State – there is no requirement to sign up to a
treaty.
• CUSTOMARY INTERNATIONAL LAW
- Customary international law is made up of rules that derive from "a general practice
accepted as law". Customary international law is comprised of all the written or
unwritten rules that form part of the general international concept of justice.
- Unlike treaty law, which is only applicable to those states that are parties to the
particular agreement, customary law is binding upon all states, regardless of whether
they have ratified a treaty.
- Customary international law is limited in that it is not codified in a clear and accessible
format and the content of the rules is generally less specific that what you may find in a
treaty. However, as a source of IHL, customary international law is of fundamental
importance in armed conflict due to the limited protections afforded to internal
conflicts by treaty law and the lack of ratification of key treaties.
GENERALLY ACCEPTED PRINCIPLES OF
INTERNATIONAL LAW
• refers to norms of general or
customary international law which
are binding on all states, i.e.,
renunciation of war as an
instrument of national policy, the
principle of sovereign immunity, a
person’s right to life, liberty and due
process, and pacta sunt servanda,
among others.
• JUDICIAL DECISIONS
- Art 8 of the Civil Code provides that ‘judicial decisions
applying to or interpreting the laws or the Constitution shall
form a part of the legal system of the Philippines’. Only
decisions of its Supreme Court establish jurisprudence and are
binding on all other courts.
- To some extent, customary law also forms part of the Filipino
legal system. Art 6, para 2 of the Constitution provides that
‘the State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their
cultures, traditions and institutions’.
DUTERTE SIGNS AMENDMENTS TO THE
REVISED PENAL CODE
• Malacanan released today, August 31, Republic Act (R.A.) No. 10951 amending
RA No. 3815 otherwise known as the Revised Penal Code (RPC).
• The fifty-page law with 102 sections consists of provisions adjusting the amount
or value of property and damage on which a penalty is based and fines imposed.
• Some of the adjustments on the value of property and damage pertain to
crimes against property, such as theft and estafa.
• In addition, fines are increased on certain crimes against national security, such
as treason and crimes against public order, such as rebellion and sedition.
• In case of treason, “any Filipino citizen who levies war against the Philippines
or adheres to her enemies, giving them aid or comfort within the Philippines or
elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine
not to exceed P4 million,” stated R.A. No. 10951.
• Some of the adjustments on the value of property and damage pertain to
crimes against property, such as theft and estafa.
• In theft cases under the RPC, the value of stolen property has increased.
Similarly, in estafa cases, the value of the fraud has increased.
• The maximum fine for light penalties under the RPC, which carry
imprisonment of “a minimum of one (1) day to a maximum of six (6) months”
is increased from P200 to P40,000.
• On the other hand, fines for correctional penalties, which carry a prison term
of “a minimum of six months and one day to 12 years” is increased from a
minimum of P200 to a maximum of P6000, is increased to a minimum of
P40,000 to a maximum of P1.2 million under the new law.
• Fines that exceed P6,000, considered afflictive penalties, carry an
imprisonment of a minimum of 12 years and 1 day to a maximum of 20 years.
Said fines are set at an amount greater than P1.2 million.
• Fines previously set with maximum amounts of P5,000, P10,000, and P20,000,
on the other hand, are increased to maximum amounts of P1 million, P2
million, and P4 million, respectively.##PCO-Content
EXPERTS SEE FACTUAL ERRORS IN
DUTERTE'S SONA ON WEST PH SEA
• During his fourth SONA, Duterte said China is in
"possession" of the West Philippine Sea.
• Government officials have said what the President
meant was the Chinese were in position, but the
transcript by the Presidential Communications
Operations Office clearly showed Duterte did say
possession.
• Supreme Court Senior Associate Justice Antonio
Carpio, who has been at the forefront of the
Philippine campaign for the West Philippine Sea,
warned this will not sit well with the Philippine
military.
• The President is actually saying China is in possession of the West
Philippine Sea, therefore the Armed Forces has failed in its duty to
protect the state. That's the meaning of that. And that's a serious
indictment of our Armed Forces. And I don't think our Armed
Forces will accept that. They have not failed in their duty," Carpio
said.
• Both Carpio and De La Salle University International Studies
Professor Renato de Castro said there were factual errors in
Duterte's SONA that must be corrected.
• One of which is that the Philippines lost control of the Spratlys in
2012, when the previous administration backed out of a stand-off
with China in Scarborough Shoal.
• "Tayo ang umatras. Noong umatras tayo, pumasok sila. Marami na.
that day, we lost the Spratly and the Panganiban Island.Yan ang
totoo. Walang bolahan 'yan," Duterte said during his SONA.
• Carpio said Chinese incursion in the South China Sea actually
began as far back as the 1940s. It first took half of the Paracels
from Vietnam, as well as Itu Aba Island in 1946.
• In 1974, China occupied the Paracels completely. In 1987, it
occupied the Fiery Cross Reef, and in 1988, Subi Reef, now the
closest artificial island to Pag-asa Island.
• In 1995, China also took Mischief Reef from the Philippines and
seized control of Scarborough Shoal in 2012.
• "This is a gradual creeping expansion by China since 1946. You cannot fix it in Scarborough
Shoal, because Scarborough Shoal is just one of the events that started way back in
1946," Carpio said.
• De Castro, meanwhile, criticized Duterte's generalization that the entire West
Philippine Sea is a traditional fishing ground for all nations.
• "Nililinlang niya uli ang sambayanang Pilipino. Alam naman natin, kung nabasa natin at
least iyung press release ng Permanent Court of Arbitration na nilabas nung July 12,
2016. Ang sinasabi lang, ang Scarborough Shoal lang ang traditional fishing ground. Ang
Reed Bank, and the rest ng Exclusive Economic Zone natin, exclusive lang sa mga
Pilipino," he said.
• "Pangalawa, iyung pangingisda ng Chinese, Hindi iyan traditional, commercial iyan. Dahil
gumagamit sila ng malalaking barko, at of course technology," De Castro added.
• Carpio said Duterte may just be misinformed when it comes to the West Philippine
Sea, and despite constantly being discredited by the administration, he said he will not
stop speaking out because the stakes are far too high.
• "One thing is very clear. His facts are wrong. And if you facts are wrong, your
conclusions will be wrong," he said.
• "If we lose the West Philippine Sea to China now, we can never recover... So we have
to fight now to defend it. Because if we lose it, we lose it forever," Carpio added.
• Carpio, however, respects Duterte's power as the architect of the nation's national
policy, saying the president is free to invoke the arbitral ruling whenever he wishes.
• But Carpio also said, if the Duterte administration does not want to use the ruling
right now, the least they could do is not make any new decisions that would make the
Philippines' arbitral victory less powerful than it is.
 REFERENCE:
• http://sc.judiciary.gov.ph/387/
• https://www.officialgazette.gov.ph/constitutions/1987-constitution/
• https://www.bworldonline.com/philippine-treaties-and-the-doctrine-of-incorporation/
• https://www.rappler.com/nation/180810-amendments-revised-penal-code-duterte
• https://news.abs-cbn.com/news/07/24/19/experts-see-factual-errors-in-dutertes-sona-on-west-
ph-sea
• https://pcoo.gov.ph/news_releases/duterte-signs-amendments-revised-penal-code/
• http://philcritic.blogspot.com/2011/10/jurisdiction.html