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

B. Subject Matter Jurisdiction

Jurisdiction Over The Subject Matter

Subject Matter

The item with respect to which the controversy has arisen, or concerning which the wrong has been done, and it is ordinarily the right, the thing, or the contract under dispute.

MEANING OF JURISDICTION OVER THE SUBJECT MATTER

It is the power to deal with the general subject involved in the action. It refers to the jurisdiction of the class of cases to which the particular case belongs. (Allied Domecq v. Villon, G.R. No. 156264, 2004).

Jurisdiction Over The Parties

Jurisdiction over the parties is the power of the court to render personal judgment or to subject the parties in a particular action to the judgment or other rulings rendered in an action. (Villagracia v. Fifth Shari'a Court, G.R. No. 188832, 2014).

The following modes of acquisition of jurisdiction apply to BOTH ordinary and special civil actions like mandamus or unlawful detainer cases:

DISTINGUISH JURISDICTION OVER SUBJECT MATTER FROM JURISDICTION OVER PERSON OF THE ACCUSED

JURISDICTION OVER SUBJECT MATTER JURISDICTION OVER THE PERSON OF THE ACCUSED
Derived from the law Acquired either by his arrest or his voluntary appearance in court.
It can never be acquired solely by consent of the accused. The parties cannot waive it. May be acquired by consent of the accused or by waiver of objections or failure to invoke the objection
Objection that the court has no jurisdiction over the subject matter may be made at any stage of the proceeding and the right to make such objection is never waived, even on appeal. If he fails to make his objection in time, he will be deemed to have waived it.

Effect of lack of jurisdiction over the subject matter of the action.

If it had no jurisdiction, but the case was tried and decided upon the theory that it had jurisdiction, the parties are not barred, on appeal, from assailing such jurisdiction, for the same must exist as a matter of law, and may not be conferred by consent of the parties or by estoppel.

Any judgement, order or resolution issued without jurisdiction is void and cannot be given any effect. This rule applies even if the issue on jurisdiction was raised for the first time on appeal or even after final judgment. (Magno v. People, G.13.. No. 171542, 2011)

Docket Fees

The payment of docket fees is an essential requirement of due process. (7107 Islands Publishing v. House Printers Corp., G.R. No. 193420, 2015)

To vest the court with jurisdiction over the subject matter, the following should be complied with:

  • It is not simply the filing of the complaint or appropriate initiatory pleading, but the payment of the prescribed docket fee, that vests a trial court with jurisdiction over the subject matter or nature of the action. Where the filing of the initiatory pleading is not accompanied by payment of the docket fee, the court may allow payment of the fee within a reasonable time but in no case beyond the applicable prescriptive or reglementary period.
  • The same rule applies to permissive counterclaims, third party claims and similar pleadings, which shall not be considered filed until and unless the filing fee prescribed therefor is paid. The court may also allow payment of said fee within a reasonable time but also in no case beyond its applicable prescriptive or reglementary period.
  • Where the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading and payment of the prescribed filing fee but, subsequently, the judgment awards a claim not specified in the pleading, or if specified the same has been left for determination by the court, the additional filing fee therefor shall constitute a lien on the judgment. It shall be the responsibility of the Clerk of Court or his duly authorized deputy to enforce said lien and assess and collect the additional fee. (Sun Insurance Office Ltd. v. Asuncion G.R. No. 79937-38, 1989)

Effective August 16, 2004 under Sec. 7, Rule 141, as amended by A.M. No. 04-2-14-SC, docket fees are now required to be paid in compulsory counterclaim or cross-claim. (Korea Technologies v. Lerma, G.R. No. 143581, 2008).

Thus, docket fees are now required for both permissive and compulsory counterclaims.

Jurisdiction over Complex Crimes

Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to impose the MAXIMUM and MOST SERIOUS penalty imposable of an offense forming part of the complex crime. It must be prosecuted integrally and must not be divided into component offenses, which may be made subject of multiple information brought in different courts. (Cuyos v. Garcia, G.R. No. L-46934, 1988)

Examples:

  • When a defendant sets up affirmative defenses in his or her answer (Rule 6, Sec. 5[b])
  • When a defendant files a motion to dismiss based on lack of jurisdiction over the subject matter of the claim.

Grounds Not Deemed Waived (LLRP)

  • Lack of jurisdiction over the subject matter;
  • Litis pendentia;
  • Res judicata or
  • Prescription (Statute of limitations)

General Rule: Lack of jurisdiction over the subject matter may be raised at any stage of the proceedings, even on the first time on appeal.

Exception: Estoppel by laches (Tijam v. Sibonghanoy, G.R. No. L-21450, 1968)

Authorities

  • Allied Domecq Phil., Inc. v. Sesinando E. Villon of the Regional Trial Court of Manila, G.R. No. 156264, 30 September 2004
  • Cuyos v. Garcia, G.R. No. L-46934, 15 April 1988
  • Korea Technologies Co., Ltd. v. Lerma, G.R. No. 143581, 7 January 2008
  • Magno v. People, G.R. No. 171542, 6 April 2011
  • Publishing v. The House Printers Corporation, G.R. No. 193420, 14 October 2015
  • Rule 141, Sec. 7
  • Rules of Court / Rules on Court Fees and Costs
  • Sun Insurance Office Ltd. v. Asuncion, G.R. No. 79937-38
  • Tijam v. Sibonghanoy, G.R. No. L-21450, 15 April 1968
  • Villagracia v. Fifth, G.R. No. 188832, 23 April 2014