Definition of Jurisdiction
Jurisdiction is fundamentally the power and authority of a court to hear, try, and decide a case. It is the court's power to determine the existence of a controversy, decide all legitimate matters arising in the case, declare, expound, or apply laws, hear and determine issues of law and fact, and pronounce judgment. More simply, it is the court's power to take cognizance of a case.
Jurisdiction is conferred by the Constitution or by law, and cannot be acquired by the consent or failure of the parties. It is distinct from venue.
Core Classifications of Jurisdiction
Based on the nature and extent of the court's authority, jurisdiction can be classified as:
- Original Jurisdiction: The power of a court to hear a case for the first time. This is the power to take cognizance of a case from its inception, try it, and pass judgment on the facts and laws.
- Appellate Jurisdiction: The power of a higher court to review decisions or orders of a lower court. This is the power of review for judgments, final orders, or resolutions.
- Exclusive Jurisdiction: The power vested in one court to the exclusion of all other courts at the same stage of proceedings or in the same judicial territory. This power precludes the idea of co-existence.
- Concurrent Jurisdiction: The power conferred upon different courts of the same rank to take cognizance of the same case or type of cases, sometimes at the same stage. Where concurrent jurisdiction exists and a court first takes cognizance of a case, its jurisdiction continues until the case is finished.
Other Classifications
- Limited/Special Jurisdiction: The power confined to particular cases or which can only be exercised under limitations and circumstances prescribed by statute. Courts of special jurisdiction are those with competence to decide on a particular purpose or type of case.
- General Jurisdiction: Courts of general jurisdiction are those with competence to decide on their own jurisdiction and take cognizance of all cases, civil and criminal, of a particular nature. The Regional Trial Court is a court of general jurisdiction.
- Delegated Jurisdiction: The power conferred upon a court to hear and determine certain cases under certain conditions, such as cadastral and land registration under specific circumstances. This is jurisdiction exercised by a Municipal Trial Court formerly delegated by a Regional Trial Court.
- Ancillary/Incidental Jurisdiction: This refers to the authority of an office or tribunal to do all things necessary for the administration of justice within the scope of its jurisdiction.
How Jurisdiction is Acquired
Jurisdiction over a case is acquired over:
- The subject matter. This refers to the power to hear the type of case presented.
- The person of the plaintiff (acquired by filing the complaint).
- The person of the defendant (acquired by service of summons or voluntary appearance).
- The res (the thing or property involved in the litigation).
Jurisdiction over the issues arises from the allegations in the pleadings.
Distinctions
It is important to distinguish jurisdiction from:
- Venue: The place where the action must be instituted and tried. Venue is procedural, while jurisdiction is substantive. Venue can be waived by agreement of the parties, but jurisdiction over the subject matter generally cannot.
- Error of Jurisdiction vs. Error of Judgment: An error of jurisdiction signifies that the court acted without power or authority in a particular manner or exceeded its jurisdiction, rendering the judgment void. An error of judgment is one which the court may commit in the exercise of its jurisdiction, relating to procedures or mistakes in findings of fact or law, and renders the judgment voidable, not void.
Effect of Lack of Jurisdiction
A judgment rendered by a court without jurisdiction over the subject matter or over the person of one of the parties is null and void. Lack of jurisdiction over the subject matter may be challenged at any stage of the action, even on appeal. Proceedings conducted without jurisdiction over the subject matter are considered void and without legal effect.