Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Jurisdiction › Concept

2. Distinguished from Exercise of Jurisdiction

G. Jurisdiction vs. Exercise of Jurisdiction

Jurisdiction is the power or authority of the court to hear, try and decide a case, and not the decision rendered therein. (Republic of the Philippines v. Asset Privatization Trust, G.R. No. 141241, 2005).

It is the authority to hear and decide cases. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. (Lim, , et al. v. Hon. Felipe Pacquing, et al., G.R. No. 115044, 01 Sept. 1994)

Exercise of jurisdiction refers to the exercise of this power or authority. Where there is jurisdiction over the subject matter, the decision on all other questions arising in the case is but an exercise of jurisdiction. (Republic of the Philippines v. Asset Privatization Trust, G.R. No. 141241, 2005).

It is any act of the court pursuant to such authority, which includes making decisions. If there is jurisdiction over the person and subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction. (Herrera v. Baretto, G.R. No. 8692, 10 Sept. 1913; Palma v. Q&S, Inc., G.R. No. L-20366, 16 May 1966)

Ministerial Acts / Functions vs. Discretionary Acts / Functions

MINISTERIAL ACTS / FUNCTIONS DISCRETIONARY ACTS / FUNCTIONS
One which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority, without regard to or the exercise of his own judgment upon the propriety or impropriety done. The law imposes a duty upon a public officer and gives him the right to decide how or when the duty shall be performed. (Mallari v. Banco Filipino Savings & Mortgage Bank, G.R. No. 157600, 2008).

Jurisdiction v. Exercise of Jurisdiction

Jurisdiction is the power or authority of the court to hear, try and decide a case, and not the decision rendered therein. (Republic of the Philippines v. Asset Privatization Trust, G.R. No. 141241, 2005)

Exercise of jurisdiction refers to the exercise of this power or authority. Where there is jurisdiction over the subject matter, the decision on all other questions arising in the case is but an exercise of jurisdiction. (Republic of the Philippines v. Asset Privatization , Trust, G.R. No. 141241, 2005).

Jurisdiction v. Venue

VENUE is the place, or the geographical area where an action is to be filed and tried. (Manila Railroad Company v. Attorney General, G.R. No.L-7688, 1912)

JURISDICTION is the power and authority of the tribunal to hear, try and decide a case. (Veneracion v, Mancilla, G.R.,No. 158238, 2006)

VENUE JURISDICTION
The place where the case is to be heard or tried (e.g. Regional Trial Court of Makati City or Quezon City) The authority to hear and determine a case
A matter of procedural law A matter of substantive law
Establishes a relation between plaintiff and defendant, or petitioner and respondent Establishes a relation between the court and the subject matter
May be conferred by the act or agreement of the parties (e.g. the parties can include the following stipulation in a contract of lease: “in case of dispute arising from this contract, a party shall file a suit with the Regional Trial Court of Pasig City” or “in case of dispute arising from this contract, a party shall file a suit exclusively with the Regional Trial Court of Pasig City” Fixed by law and cannot be conferred by agreement of the parties
Not a ground for motu proprio dismissal (except in cases subject to Summary Procedure) Lack of jurisdiction over the subject matter is a ground for a motu proprio dismissal
May be waived only in civil cases. In criminal cases, venue is jurisdictional Cannot be waived

Authorities

  • Herrera v. Barretto, G.R. No. 8692, 10 September 1913
  • Lim v. Pacquing, G.R. No. 115044, 27 January 1995
  • Mallari v. Banco Filipino Savings & Mortgage Bank, G.R. No. 157600
  • Manila Electric Railroad v. Del Rosario, G.R. No. L-7688, 29 March 1912
  • Palma v. Q. & S. Inc, G.R. No. L-20366, 19 May 1966
  • Republic of the Philippines v. Asset Privatization Trust, G.R. No. 141241
  • Veneracion v. Heirs, G.R. No. 158238, 20 July 2006