CLASSIFICATION
OF JURISDICTION
1)
GENERAL JURISDICTION
>
The power to adjudicate all controversies, except those expressly
withheld from the plenary powers of the court
2)
SPECIAL JURISDICTION
>
Which restricts the court’s jurisdiction only to particular cases and
subject to such limitations as may be provided by the governing law
3)
ORIGINAL JURISDICTION
>
The power of the court to take judicial cognizance of a case instituted
for judicial action for the first time under conditions provided by law;
4)
APPELLATE JURISDICTION
>
The authority of the court higher in rank to re-examine the final order,
judgment or a lower court which tried the case now elevated for judicial review
5)
EXCLUSIVE JURISDICTION
>
Power to adjudicate a case or proceeding to the exclusion of other
courts at that stage
6)
CONCURRENT JURISDICTION
>
Sometimes referred to as the coordinate jurisdiction which is the power
conferred upon different courts whether of the same or different ranks, to take
cognizance at the state of the same case in the same or different judicial
territories
7)
DELEGATED JURISDICTION
>
The grant of authority to inferior courts to hear and determine
cadastral and registration cases under certain conditions
8)
SPECIAL JURISDICTION
>
The power of the inferior courts to hear and decide petitions for writ
of habeas corpus or applications for bail in the absence of all RTC judges in
the province or city. “Interlocutory
jurisdiction”
9)
TERRITORIAL JURISDICTION
>
Refers to the geographical area within which its powers can be
exercised:
MTC – within the
municipality or city where it is located as may be defined by the SC
RTC – within the region or
province where it is located
SC & CA – within the
Philippine territory (nationwide)
CLASSIFICATION
OF THE COURT ACCORDING TO JURISDICTION
> In the Philippines , our courts are “both
courts of law and of equity”
1) COURT OF GENERAL JURISDICTION
> Those competent to decide their own jurisdiction and to take
cognizance of all kinds of cases except those expressly withheld from the
plenary powers of the court
2) COURT OF SPECIAL OR LIMITED JURISDICTION
> Those which have no power to
decide their own jurisdiction and only try cases permitted by the statute
3) COURT OF ORIGINAL JURISDICTION
> Those which under the law,
actions or proceedings may originally be commenced
4) COURT OF APPELLATE JURISDICTION
> Those which have the power
to review on appeal the decisions or orders of a lower court
5) SUPERIOR COURTS
> Those which have the power
of review and supervision over another or lower court
6)
INFERIOR COURTS
> Those which, in relation to
another court, are lower in rank and subject to review and supervision by the
latter
> As used in the 1987
Constitution, the term “inferior courts” refer to all courts lower than the
Supreme Court
7) COURTS OF RECORD
> Those whose proceedings are enrolled and which are bound to keep a
written record of all trials and proceedings handled by them
> RA 6031 mandates to all MTC to be a court of record. Thus, Courts not of record, no longer exist
8) CONSTITUTIONAL COURTS
> Those which owe their creation and existence to the constitution
and therefore cannot be legislated out of existence or deprived by law of the
jurisdiction and powers unqualifiedly vested in them by the Constitution.
Ex. SC & Sandiganbayan
9) STATUTORY COURTS
> Those created, organized and
with jurisdiction exclusively determined by law.
Ex. CTA
_____________________________________________________
GENERAL RULE: Jurisdiction, once acquired, continues
until the case is finally terminated.
EXCEPTIONS:
1) When a subsequent
law provides a prohibition for the continued exercise of jurisdiction;
2)
Where the law penalizing an act as punishable is repealed by a
subsequent law;
3)
When the accused is deprived of his constitutional rights such as where
the court fails to provide counsel for the accused who is unable to obtain one
and does not intelligently waive his constitutional right;
4)
Where the statute expressly provides, or is construed to the effect that
it intended to operate as to actions pending before its enactment;
5)
When the proceedings in the court acquiring jurisdiction is terminated,
abandoned or declared void;
6)
Once appeal has been perfected.
Helpful. Thank you
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ReplyDeleteExamples of General, special, Original, Appellate, Exclusive, Concurrent Jurisdiction?
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