Category Archives: Jurisdiction

Does the Ombudsman has jurisdiction over respondent’s complaint against petitioner although the act complained of involves a private deal between them

On the first issue, we agree with the CA that the Ombudsman has jurisdiction over respondent’s complaint against petitioner although the act complained of involves a private deal between them.[12]  Section 13(1),[13] Article XI of the 1987 Constitution states that … Continue reading

Posted in Jurisdiction, Ombudsman, Question and Answers | Tagged | Leave a comment

The doctrine of primary jurisdiction does not allow a court to arrogate unto itself authority to resolve a controversy, the jurisdiction over which is initially lodged with an administrative body of special competence.[

Petitioners Cesar Caguin, Cleofas Vitor, Teresita Vitor, Jose Levitico Dalay, Marcelo Dalay, Esperanza Mario, Celestina Cosico, Ma. Ruth Pacurib, and Raquel San Juan, through the Legal Assistance Division of the DAR, claim that findings of fact of the DARAB should … Continue reading

Posted in CARP, DAR, DARAB, Jurisdiction, Primary Jurisdiction | Tagged | Leave a comment

Allegation in the complaint in actions for forcible entry and unlawful detainer cases compared and distinguised

RTC, likewise erroneously applied the rule that jurisdictional facts must appear on the face of the complaint for ejectment, such that when the complaint fails to faithfully aver facts constitutive of unlawful detainer, as where it does not state when … Continue reading

Posted in Complaint/Information, Forcible Entry, Jurisdiction, Unlawful Detainer | Tagged | 1 Comment

Allegations in the complaint that clearly makes out a case for unlawful detainer is essential to confer jurisdiction over the subject matter on the MTC.

Well-settled is the rule that what determines the nature of the action, as well as the court which has jurisdiction over the case, are the allegations in the complaint.  In ejectment cases, the complaint should embody such statement of facts … Continue reading

Posted in Complaint/Information, Ejectment, Jurisdiction, Unlawful Detainer | Tagged | Leave a comment

A court without subject matter jurisdiction cannot transfer the case to another court

We find that, having squarely raised the matter in its Rule 65 petition for certiorari and prohibition docketed as CA-G.R. SP No. 111153,[48] HGC correctly faults the CA for not finding that Branch 24 of the Manila RTC had no … Continue reading

Posted in Jurisdiction | Tagged | Leave a comment

Jurisdiction over any case is acquired only upon the payment of the prescribed docket fee which is both mandatory and jurisdictional.

          Jurisdiction is defined as the authority to hear and determine a cause or the right to act in a case.[37]  In addition to being conferred by the Constitution and the law,[38] the rule is settled that a court’s jurisdiction … Continue reading

Posted in Civil Procedures, Jurisdiction, Remedial Law | Tagged | Leave a comment

HRET is the sole judge of all contests relating to the election, returns, and qualifications of the members of the House of Representatives.

Despite recourse to this Court, however, we cannot rule on the issue of citizenship of Gonzalez.  Subsequent events showed that Gonzalez had not only been duly proclaimed, he had also taken his oath of office and assumed office as Member … Continue reading

Posted in Congress, Election Code, House of Representatives, HRET, Jurisdiction | Tagged | Leave a comment