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- Under the rule of forum non conveniens, a Philippine court or agency may assume jurisdiction over the case if it chooses to do so provided: (1) that the Philippine court is one to which the parties may conveniently resort to; (2) that the Philippine court is in a position to make an intelligent decision as to the law and the facts; and
www.pinayjurist.com › conflict-of-laws-maxims-jurisprudence-principles-and-bar-q-aCONFLICT OF LAWS: Maxims, Jurisprudence, Principles, and Bar ...
Jun 26, 2024 · The transfer of cases within the Philippine judicial system is governed by the principle of jurisdiction, which is the authority given to a court to hear and decide a case. Each court has specific jurisdictional boundaries, which dictate the types of cases they can adjudicate.
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- I. Jurisdiction Over The Subject Matter
- II. Jurisdiction Over The Person of The Plaintiff
- III. Jurisdiction Over The Person of The Defendant
Jurisdiction over the subject matter is 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 organized courts and defines its powers. Jurisdiction over the subject matter is provided by law. For instance, the law provides what matters are under the j...
This is acquired by the filing of the complaint or initiatory pleading before the court by the plaintiff. This is related to the right of a person to file a case in a Philippines court. The more problematic concern is the right of the non-resident alien to seek remedy in Philippine courts. As held in the case of Dilweg vs. Phillips(12 Phil. 243, 24...
Jurisdiction over the person is acquired by the voluntary appearance of a party in court and his submission to its authority, or it is acquired by the coercive power of legal process exerted over the person of the defendant. In other words, a defendant who wasn’t served with summons is generally not bound by the decision in that particular case. No...
Act No. 7975 [1995] and Rep. Act No. 8249 [1997]). But in cases where the only penalty provided by law is a fine, the Regional Trial Courts have jurisdiction if the amount of the fine exceeds PhP 4,000. (Rep. Act No. 7691 [1994] as clarified by Administrative Circular No. 09-94 dated June 14, 1994).
Undaunted, petitioner now seeks refuge before this Court, maintaining its position that the RTC, not the DAR, has jurisdiction over the case for recovery of possession.
Aug 13, 2021 · Interestingly, under Act No. 136, the Court of First Instance (CFI) had jurisdiction on civil actions that involve the following: (a) the subject of litigation is incapable of pecuniary estimation; (b) the titles to, possession or interest over real property; (c) the legality of a tax, impost or assessment; or (d) the claim or demand, exclusive ...
Apr 21, 2022 · Jurisdiction can be categorized into: (a) Personal Jurisdiction: Power over the parties involved in the litigation; (b) Territorial Jurisdiction: Power over the area where the court is situated and where the matter pertains. (c) Subject Matter Jurisdiction: Power to hear the type of case presented. Non-Assumable by nature.
The Supreme Court shall have original jurisdiction over cases affecting ambassadors, other public ministers, and consuls; and original and exclusive jurisdiction in petitions for the issuance of writs of certiorari, prohibition and mandamus against the Court of Appeals.
