Professional Documents
Culture Documents
In order to determine which court has jurisdiction over the action, an examination of the
complaint is essential.
Jurisdiction over the subject matter of a case is conferred by law and determined by the
allegations in the complaint which comprise a concise statement of the ultimate facts
constituting the plaintiff's cause of action.
The nature of an action, as well as which court or body has jurisdiction over it, is determined
based on the allegations contained in the complaint of the plaintiff, irrespective of whether or
not the plaintiff is entitled to recover upon all or some of the claims asserted therein.
The averments in the complaint and the character of the relief sought are the ones to be
consulted.
Once vested by the allegations in the complaint, jurisdiction also remains vested irrespective of
whether or not the plaintiff is entitled to recover upon all or some of the claims asserted
therein.
GONZALES vs PE: (Doctrine of Residual Power/Jurisdiction)
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.
ELEMENTS:
1. the Court has jurisdiction to take cognizance of a particular case, which means that the
matter involved is also judicial in character.
2.
However, if the case is such that its determination requires the expertise, specialized skills
and knowledge of the proper administrative bodies because technical matters or intricate
questions of facts are involved,
3.
The rationale for the rule is founded on the concept of jurisdiction: a court
that acquires jurisdiction over the case and renders judgment therein has
jurisdiction over its judgment, to the exclusion of all other coordinate
courts, for its execution and over all its incidents, and to control, in
furtherance of justice, the conduct of ministerial officers acting in
connection with this judgment.
No. No Regional Trial Court can pass upon and scrutinize, and much less declare as unjust a judgment of another Regional
Trial Court and sentence the judge thereof liable for damages without running afoul with the principle that only the higher appellate
courts, namely, the Court of Appeals and the Supreme Court, are vested with authority to review and correct errors of the trial
courts.
To allow respondent Judges to proceed with the trial of the actions for damages against the petitioner, a co-equal judge of a coequal court, would in effect permit a court to review and interfere with the judgment of a co-equal court over which it has no
appellate jurisdiction or power of review. The various branches of a Court of First Instance (now the Regional Trial Court) being
co-equal, may not interfere with each other's cases, judgments and orders
While it is the general rule that neither waiver nor estoppel shall apply to
confer jurisdiction upon a court, the Court may rule otherwise under
meritorious and exceptional circumstances.
after voluntarily submitting a cause and encountering an adverse decision
on the merits, it is too late for the loser to question the jurisdiction or
power of the court.