Lex Rex Ph

Jurisdiction and its Types

Means “the power to hear and decide cases” (Herrera vs. Barreto) and execute judgment thereon (Echegaray vs. Sec. of Justice)

“The authority to resolve cases, and determine the rights and obligations of the parties.”

Jurisdiction is conferred only by the Constitution or by law and never derived by implication (Garcia vs. De Jesus, Tobon Uy vs. COMELEC)

Jurisdiction over subject matter

Meaning: the power to hear and determine cases of the general class to which the proceedings in question belong, and is conferred by the sovereign authority which organizes the court and defines its powers

General or Specific Jurisdiction / Special or Limited

General – the power of the court to adjudicate all controversies, except those expressly withheld from the plenary (unrestricted) powers.

Specific – the power of the court to adjudicate only particular cases, confined to specific causes, under the limitations by a statute

Original and appellate jurisdiction

Original – The power to take judicial cognizance of a case for the first time under the conditions of the law

Appellate – The power conferred upon a superior court to take cognizance, rehear and determine cases which had been tried in the lower courts. Manner of taking cognizance: appeal, writ of error, review.

Exclusive and concurrent jurisdiction

Exclusive – The power to adjudicate cases to the exclusion of all other courts at that stage

Concurrent – also “confluent” or “coordinate” jurisdiction. The power of different courts to take cognizance of the same case, at the same stage, whether in the same or different judicial territories.

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