Tuesday, July 16, 2024

Aspects of jurisdiction

In Gina Villa Gomez vs. People of the Philippines,  G.R. No. 216824, November 10, 2020 , t the Supreme Court enumerated the different aspects of jurisdiction:

Semantically, "jurisdiction" is derived from the Latin words "juris" and "dico" which means "I speak by the law." In a broad and loose sense, it is "[t]he authority of law to act officially in a particular matter in hand." In a refined sense, it is "the power and authority of a court [or quasi-judicial tribunal] to hear, try, and decide a case." Indeed, a judgment rendered without such power and authority is void thereby creating no rights and imposing no duties on the parties. As a consequence, a void judgment may be attacked anytime.

Relatedly, the concept of jurisdiction has several aspects, namely: (1) jurisdiction over the subject matter; (2) jurisdiction over the parties; (3) jurisdiction over the issues of the case; and (4) in cases involving property, jurisdiction over the res or the thing which is the subject of the litigation. Additionally, a court must also acquire jurisdiction over the remedy in order for it to exercise its powers validly and with binding effect. As to the acquisition of jurisdiction in criminal cases, there are three (3) important requisites which should be satisfied, to wit: (1) the court must have jurisdiction over the subject matter; (2) the court must have jurisdiction over the territory where the offense was committed; and, (3) the court must have jurisdiction over the person of the accused.

Therefore, here are the different aspects of jurisdiction:

  1. jurisdiction over the subject matter; 
  2. jurisdiction over the parties; 
  3. jurisdiction over the issues of the case; and 
  4. jurisdiction over the res or the thing which is the subject of the litigation. 
  5. jurisdiction over the remedy.

As to the acquisition of jurisdiction in criminal cases, there are three (3) important requisites:

  1. jurisdiction over the subject matter; 
  2. jurisdiction over the territory where the offense was committed; and
  3. jurisdiction over the person of the accused.

 

 

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Aspects of jurisdiction

In Gina Villa Gomez vs. People of the Philippines ,  G.R. No. 216824, November 10, 2020 , t the Supreme Court enumerated the different aspec...