[MJ.02] Jurisdiction and Venue V2.2.pdf

The power of the courts to exercise authority over persons and things within a territory

What is Jurisdiction?

It gives the court the power and authority to hear, try, and decide a case

What function of the court is enabled by Jurisdiction?

The power of the court to make legal decisions and judgments

How is Jurisdiction defined in terms of court power?

Personal Jurisdiction and Subject Matter Jurisdiction

What are the two types of jurisdiction?

Both subject matter jurisdiction and personal jurisdiction

What must a court have over the matter to hear a case?

Refers to the power of a court to make decisions regarding the party being sued in a case

What is Personal Jurisdiction?

Can generally be waived

What is a key characteristic of Personal Jurisdiction regarding its waivability?

Subject matter jurisdiction

Which type of jurisdiction cannot be waived, in contrast to personal jurisdiction?

If the party being sued appears in a court without objecting to the court’s lack of personal jurisdiction over him

Give an example of how a defendant waives a challenge to personal jurisdiction.

Jurisdiction over the plaintiff and Jurisdiction over the defendant

What two ways does the court acquire personal jurisdiction?

By the filing of an Initiatory Pleading

How is jurisdiction over the Plaintiff or Petitioner acquired?

Filing of a Complaint / Petition

Give an example of an Initiatory Pleading.

Voluntary appearance of the defendant or respondent, or Service of summons

How is jurisdiction over the Defendant or Respondent acquired?

The process used to give legal notice to a person

What is Service, in the context of acquiring jurisdiction over a defendant?

An order to appear before a Court or Administrative body to enable the concerned party to respond to the proceeding before such Court or Administrative Body

What is a Summons?

Conferred by law and not by the consent or acquiescence of any or all of the parties

How is Jurisdiction Over the Subject Matter established?

Court acquires jurisdiction over the subject matter as conferred by law

How does the court obtain Subject Matter Jurisdiction?

Metropolitan Trial Court (MTC)

Which court has jurisdiction over an action involving the collection of a sum of money not exceeding P400,000 in Metro Manila?

Regional Trial Court (RTC)

Which court has jurisdiction over an action involving the collection of a sum of money exceeding P400,000?

Metropolitan Trial Court (MTC)

Which court has jurisdiction over an action involving real property where the assessed value does not exceed P50,000 in Metro Manila?

Regional Trial Court (RTC)

Which court has jurisdiction over an action involving real property where the assessed value exceeds P50,000?

The place where the case is to be heard and tried

What is Venue?

Territorial jurisdiction of the court

What concept does the venue of the crime go into in criminal cases?

Proper Court which has jurisdiction over the area where the real property involved, or a portion thereof, is situated

What determines the venue of real actions?

Actions involving real estate or an interest therein

What are Real actions?

Municipal trial court of the municipality or city where in the real property is situated

Where are forcible entry and detainer actions commenced and tried?

Choice of venue is with the plaintiff

Who chooses the venue for personal actions?

Residence of the plaintiff or any of the principal plaintiffs

What is one possible venue for personal actions based on residence?

Residence of the defendant or any of the principal defendants

What is another possible venue for personal actions based on residence?

Collection of sum of money, Breach of contract, Injuries, Damages, Specific performance

List three types of actions relating to personal actions.

Where the plaintiff resides or where the property or any portion thereof is situated

Where may an action against a non-resident defendant be commenced and tried if the action affects the plaintiff's personal status or the defendant's property in the Philippines?

Authority to hear and decide a case

How is Jurisdiction summarized when compared to Venue?

Place where the case is to be heard or tried

How is Venue summarized when compared to Jurisdiction?

Substantive Law

Which type of law is Jurisdiction associated with?

Procedural Law

Which type of law is Venue associated with?

Establishes the relation between the court and the subject matter

What relationship does Jurisdiction establish?

Establishes the relation between plaintiff and defendant, petitioner or respondent

What relationship does Venue establish?

Fixed by law and cannot be conferred by the parties

How is Jurisdiction determined regarding the parties?

May be fixed by the parties by the act or agreement of the parties

How is Venue determined regarding the parties?

False

Is the statement "For any amount that exceeds P400,000, the Metropolitan Trial Court has jurisdiction" true or false?

Personal Action: Breach of Contract

What type of action is a lawsuit for non-payment of professional fees?

Regional Trial Court

Which court has jurisdiction over a P500,000 professional fee case in Metro Manila?

Pasig City or Caloocan City

What are the venue options for Dr. X (Pasig) suing Jerome (Caloocan) for non-payment of fees?

A fee charged by the courts for placing a case in its docket or calendar

What are Docket Fees?

Docket fees are jurisdictional

What status makes docket fees crucial for a civil case?

Before the court will attain jurisdiction

When must proper docket fees be paid in a civil case?

The court will not have jurisdiction

What is the consequence of non-payment of docket fees in a civil case?

To perfect an appeal

When must docket fees be paid related to the elevation of a case?

Upon payment of the docket fee regardless of the actual date of filing of the case in court

When is a case deemed filed?

“Lawsuit”

What are Actions ordinarily referred to as?

Acts or omission by which a party violates the right of another

What is a Cause of Action?

Non-payment of medical fees (Omission)

Give an example of a Cause of Action involving an omission.

The right to commence and maintain an action

What is the Right of Action?

A party sues another for the enforcement of a right, or the prevention or redress of a wrong

What is a Civil Action?

Ordinary Civil Action and Special Civil Action

What are the two types of civil action?

Collection of money case

Give an example of an Ordinary Civil Action.

Foreclosure

Give an example of a Special Civil Action.

Commences upon the filing of a complaint or petition in court

When does a Civil Action commence?

Plaintiff (Complainant)

What is the term for a person who brings an action in court and whose right has been injured by another?

Defendant

What is the term for a person against whom an action is brought?

Real Party in Interest

In whose name must an action generally be prosecuted and defended?

Person who stands to be benefited or injured by the judgment in a suit

What is a Party in Interest?

Person who prosecutes or defends for a beneficiary

What is a Representative as Party?

The name of the beneficiary

What must be included in the title of the case when a Representative acts on behalf of a beneficiary?

A party who must be joined in a suit in order to accord complete relief to those already parties to a suit

What is a Necessary Party?

An action brought by a large number of individuals with the same interest

What is a Class Suit?

An individual who has no means to prosecute or defend a suit

What is an Indigent Party?

State prosecutes a person for an act or omission that is punishable by law

What is a Criminal Action?

Filing a complaint with the proper officer for the purpose of conducting a requisite preliminary investigation

How is a Criminal Action generally commenced?

An inquiry or proceeding to determine probable cause

What is a Preliminary Investigation?

To engender a well-founded belief that a crime has been committed and the accused is probably guilty thereof

What is the purpose of determining Probable Cause?

Prosecutor

Who conducts the preliminary investigation and determines probable cause?

The State

In whose name is a Criminal Action brought?

Mere witness of the State

What is the role of the Plaintiff (The Accuser) in a criminal case?

Information

What does the Prosecutor file in Court if probable cause is found?

Filing of a Complaint or Information filed by the Fiscal or Prosecutor

How is a Criminal Action commenced, according to the summary table?

The plaintiff (Maria)

Over whom does the court acquire jurisdiction when the complaint is filed in the civil case example?

When Gina (defendant) voluntarily appears in court

How is jurisdiction over the defendant acquired if she physically attends?

When the court releases a service of summons

How is jurisdiction over the defendant acquired if she is legally notified?

Municipal Trial Court (MTC)

Which court has exclusive jurisdiction over civil actions involving personal property valued at not more than PHP 300,000?

Regional Trial Court (RTC)

Which court handles civil cases involving personal property valued over PHP 300,000?

When the plaintiff or state files a complaint or when the defendant answers or voluntarily surrenders himself to the Court

When does the court obtain jurisdiction in a criminal case?

A warrant of arrest may already be served

What may be served even if the offending party has not responded to the claim filed against them?

Between 2 private parties

What parties are involved in a Civil Case?

Between the state and the accused

What parties are involved in a Criminal Case?

Office of the Prosecutor

Where must a criminal case first be filed?

Residence of the plaintiff or defendant at the option of the plaintiff

What determines the venue for civil cases?

Agreement of Parties

What allows the plaintiff and defendant to choose a venue at a different place?

Where the crime is said to have been committed

What determines the venue for criminal cases?

False

Is the statement "If the offending party has not responded to the claim filed against them, a warrant of arrest may not be served" true or false?

Consult a lawyer

What is the first step in filing a civil lawsuit?

Filed in a court where the property is located

Where are Real actions filed?

Filed in a court where the defendant or the complainant resides, at the choice of the complainant

Where are Personal actions filed?

The action commences

What happens once the venue, fees, and jurisdiction have been determined in a civil action?

Plaintiff

Who is the person filing the complaint in a civil action?

Defendant

Who is the person being sued in a civil action?

Natural or judicial persons such as corporations

Who may be parties in a civil action?

Ensure summons are served

What is STEP 3 in filing a civil lawsuit?

Due to failure to acquire jurisdiction

Why would failure to properly serve summons on the defendant lead to the dismissal of the statement of claim?

Go through a pre-trial

What is STEP 4 in filing a civil lawsuit?