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

Posted on March 2, 2012 by Erineus

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 →

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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.[

Posted on February 29, 2012 by Erineus

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

Posted on February 29, 2012 by Erineus

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.

Posted on February 29, 2012 by Erineus

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 →

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

Posted on February 25, 2012 by Erineus

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 →

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