Tuesday, July 16, 2024

Error of jurisdiction versus error of judgment

When we say that a court has committed an error of jurisdiction, we mean that a court acted upon a case that is outside its subject matter jurisdiction. The decision or order will be void and the remedy for this error is a petition for certiorari (Rule 65). The purpose of a petition for certiorari is to annul or modify a decision or final order that was issued without jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.

On the other hand , when a court commits an error of judgment, the decision is wrong because of lack of factual or legal basis but the court has subject matter jurisdiction. The remedy for this error is appeal.


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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...