Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Jurisdiction › Concept
1. Classifications
Classifications of Jurisdiction
Concept
Jurisdiction is the authority of a court to hear and decide a case. Its classifications describe different aspects of that authority: whether the court acts first or reviews another tribunal, the range of cases it may hear, and whether another court shares authority over the same matter. These classifications are independent. A court may exercise original jurisdiction in one class of cases and appellate jurisdiction in another. (Republic v. Asset Privatization Trust, G.R. No. 141241, 2005) (Batas Pambansa Blg. 129)
Governing provisions
The Constitution vests judicial power in one Supreme Court and in lower courts established by law. It also specifies matters within the Supreme Court’s original and appellate jurisdiction. Congress allocates jurisdiction among lower courts through statutes, principally the Judiciary Reorganization Act, as amended. The classification of a court’s jurisdiction therefore begins with the Constitution and the applicable law, not with the parties’ choice of forum. (1987 Constitution, Article VIII, Sections 1, 2 and 5) (Batas Pambansa Blg. 129)
Requisites / Rules
- Original and appellate identify the court’s role in the proceeding. Original jurisdiction is authority to take cognizance of a case in the first instance. Appellate jurisdiction is authority to review a judgment, order, or resolution of another court or tribunal through a mode of review allowed by law. The Supreme Court, for example, has both original and appellate jurisdiction over specified matters. (1987 Constitution, Article VIII, Section 5(1)–(2))
- General and special describe the breadth of the classes of cases assigned to a court. A court of general jurisdiction has authority over a broad range of cases; a court of special jurisdiction is assigned particular classes of cases by law. The Regional Trial Courts illustrate the former, while the Court of Tax Appeals illustrates the latter. Neither label dispenses with the need to identify the specific statutory grant applicable to the case. (Batas Pambansa Blg. 129, Sections 19 and 20) (Republic Act No. 1125, Section 7, as amended by Republic Act No. 9282)
- Exclusive and concurrent identify whether authority over a matter is lodged in one court alone or shared by two or more courts. Concurrent original jurisdiction means that more than one court is authorized to entertain the proceeding in the first instance; it does not mean that the litigant may disregard procedural requirements governing the court approached. (1987 Constitution, Article VIII, Section 5(1)) (Batas Pambansa Blg. 129, Sections 9 and 21)
Bar tip
Classify jurisdiction on separate axes: first instance or review; broad or limited subject coverage; sole or shared authority. Then identify the particular constitutional or statutory grant before naming the proper court. (1987 Constitution, Article VIII, Sections 2 and 5) (Batas Pambansa Blg. 129)