CHAPTER II

WHAT THE TRIBUNALS OF THE

FORUM MUST DO
COURT ACTION
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Presupposes that the Court has jurisdiction of the matter

When the court has jurisdiction the court to:

a. Refuse to assume jurisdiction on the ground of forum
non conveniens
b. Assume Jurisdiction
i.
ii.

Apply the internal law of the forum (lex fori)

Apply the proper foreign foreign law (lex
causae)

JURISDICTION
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(Jus dicere) the right to speak

Authority of a tribunal to hear and decide a case
Includes not only the power to hear and determine a cause
but also the power to enforce any judgment it may render
thereon

In Conflict of Laws: added element

possible enforceability in foreign states,

subject, of course, to the rights of said states

law of the forum decides whether jurisdiction exists or not

KINDS OF JURISDICTION:
a. Jurisdiction over the subject matter

Conferred by law and is defined as the

authority of a court to hear and decide cases of
the general class to which the proceedings in
question belong
BP Blg. 129
Jurisdiction by estoppels

b. Jurisdiction Over the Person (Rule 14 of ROC)

Power of a court to render a judgment that will

be binding on the parties involved
Over the plaintif

o Upon institution of the action

Over the defendant

i.

Voluntary appearance
Rule 14 Sec. 23 ROC
Except ad cautelam

ii.

Personal or substituted service

Rule 14 Sec. 7 ROC
Rule 12 Sec. 8 ROC

Personal service:

Handing a copy to the defendant in person or if

he refuses to receive it, by tendering it o him
(Rule 14 Sec. 7 ROC)

Substituted service:
i.

Leaving copies of summons at the defendants

dwelling house or residence with some person
of suitable age and discretion then residing
therein

ii.

Leaving copies at defendants office or regular

place of business with some competent person
in charge thereof (Rule 14 Sec. 8 ROC)

Efect of Summons by Publication:

(Secs. 16, 17, 18 Rule 14 ROC)

Good only in action is in rem or quasi in rem
or involves personal status of the plaintif
If action is in personam summons by
publication would be insufficient service in the
person of the defendant

c. Jurisdiction over the res

Jurisdiction over the particular subject matter

in controversy, regardless of the person who
may be interested thereon

Example:

A, American not residing in the Philippines

intimidated a Filipino woman into marrying him in
manila. The man left the wife. The woman filed in
the RTC of Manila a suit asking for the annulment
of the marriage and for consequential damages.
Since the husband cannot be found, service of
summons was made by publication. No property
of man in the Philippines.
Service on a Private Foreign Corporation:
o Service maybe made on its resident agent
designated in accordance with law for that purpose,
or if there be no such agent, on the government
official designated by law to that efect, or any of its
officers or agents within the Philippines.
o Doing business in the Philippines
REFUSAL TO ASSUME JURISDICTION
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Forum non Conveniens

a. Evidence and the witnesses may not be readily available

b. Court dockets of the forum may already be clogged; permit
additional cases would inevitably hamper the speedy
administration of justice
c. Evils of forum shopping
d. Forum has no particular interest in the case
e. Other courts are open
ASSUMPTION OF JURISDICTION
a. Application of internal or domestic law
i.

When the law of the forum expressly so provides in

its conflicts rules: