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

1. Over the Parties

A. Aspects of Jurisdiction

Over the Subject Matter
Over the Parties
Over the Issues

HOW JURISDICTION OVER THE PLAINTIFF IS ACQUIRED:

Jurisdiction over the plaintiff is acquired by his filing of the complaint or petition or other initiatory pleading. (Davao Light & Power, GR. No. 93262, 1991)

Distinction between an Indispensable and a Necessary Party

Indispensable Party	Necessary Party
Must be joined under any and all conditions	Should be joined whenever possible
No final decree can be had in case of absence	A final decree can be had despite absence

Death or Separation of Party Who is a Public Officer

Requisites:

satisfactory proof by any party that there is substantial need for continuing or maintaining the action;
the successor adopts or continues or threatens to adopt or continue the acts of his or her predecessor;
the substitution must be effected within 30 days after the successor assumes office or within the time granted by the court; and,
notice of the application to the other party. (Rufus v. Jardine, G.R. No. 141834, 2007).

Authorities

Commissioner Rufus B. Rodriguez v. Jardin, G.R. No. 141834, 30 July 2007
Davao Light & Power Co., Inc. v. Court of Appeals, G.R. No. 93262, 29 December 1991