2012 Remedial Law, Q3

Distinguish error of jurisdiction from error of judgment. (5%)
A, a resident of Quezon City, wants to file an action against B, a resident of Pasay, to compel the latter to execute a Deed of Sale covering a lot situated in Marikina and that transfer of title be issued to him claiming ownership of the land. Where should A file the case? Explain. (5%)

Quick check

What distinguishes an error of jurisdiction from an error of judgment under the Rules of Court?

What is the proper judicial remedy to correct an error of jurisdiction committed by a trial court acting with grave abuse of discretion?

Where must a real action affecting title to real property located in Marikina City be filed under Rule 4 of the Rules of Court?

Which of the following actions is classified as a real action for purposes of determining proper venue under the Rules of Court?

What is the legal consequence of filing a real action in a court other than the one where the real property is situated if properly objected to?

Learn more about these topics

1. Jurisdiction vs Judgment
An error of jurisdiction occurs when a court acts without jurisdiction, in excess of jurisdiction, or with grave abuse of discretion amounting to lack of jurisdiction. Such errors render the judgment void and are correctable via a special civil action for certiorari under Rule 65. In contrast, an error of judgment is a mistake committed by a court acting within its jurisdiction regarding law or facts. Errors of judgment do not void the decision and are reviewable exclusively through an appeal under the appropriate rules of procedure.

2. Real Actions Venue
Under Rule 4 of the Rules of Court, actions affecting title to or possession of real property, or an interest therein, are classified as real actions. The mandatory venue for real actions is the Regional Trial Court or Municipal Trial Court having territorial jurisdiction over the area where the real property or a portion thereof is situated. Where an action seeks to compel the execution of a deed of sale and the issuance of a title claiming ownership over land, it directly affects title to real property and must be filed in the location of the land.

3. Certiorari vs Appeal
The distinction between an error of jurisdiction and an error of judgment determines the proper judicial remedy available to an aggrieved party. Certiorari under Rule 65 is an extraordinary remedy limited to correcting jurisdictional errors where no appeal or plain remedy exists. Conversely, an ordinary appeal or petition for review under Rules 41, 42, or 45 addresses errors of judgment, permitting the appellate court to review factual conclusions and legal applications made by the lower court within its valid jurisdiction.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026