Remedial Law Review I

(SY 2018-2019)
Assignment 2

1. What are the judicial, supervisory and rule making powers of the Supreme Court
under the Constitution?

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2. In order for a case to prosper, the court must have “jurisdiction,” the power to speak
(dicere-diction) the law (juris). Jurisdiction is divided into three parts: 1) subject
matter jurisdiction, 2) personal jurisdiction, and 3) notice and opportunity to be heard.
The court needs all three types of jurisdiction to proceed to adjudicate the lawsuit. In
addition, venue must be properly laid: plaintiff must bring the suit in the proper place.

2.1. Define

a. Subject Jurisdiction

- Power to hear and decide cases of the general class to which the
proceedings in question belong and is conferred by the sovereign
authority which organizes the court and defines its powers.
Otherwise stated, jurisdiction over the subject matter or subject
jurisdiction is meant the nature of the cause of action and of the relief
sought that is conferred by the sovereign authority which organizes
the court, and is to be sought for in general nature of its power or in
the authority specially conferred.

b. Personal Jurisdiction

- The jurisdiction over the person or personal jurisdiction is acquired by

the filing of the complaint, petition or initiatory pleading before the
court by the plaintiff or petitioner. On the other hand, jurisdiction over
the defendant or respondent is acquired by the voluntary appearance
or submission by the defendant or respondent to the court by coercive
process issued by the court to him, generally by service of summons.

c. Procedural Due Process

- Procedural due process is that which hears before it condemns, which

proceeds upon inquiry and renders judgment only after trial. It
contemplates notice and opportunity to be heard before judgment is
rendered affecting one's person or property. It refers to the adjective
laws which prescribe the rules and forms of procedure in order that
courts may be able to administer justice. It is the mode by which a
legal right is enforced.
 d. Venue as distinguished from jurisdiction

- Venue is defined as the particular country, or geographical area, in

which a court with jurisdiction may hear and determine a case. It
deals with the locality, the place where the suit may be had. It simply
means the place of trial. However, Jurisdiction is defined as the power
or the capacity given by law to a court or tribunal to entertain, hear
and determine controversies. It is the authority of the court to hear and
determine a cause. It may therefore be stated that while venue is
procedural, jurisdiction is substantive.

e. Exercise of Jurisdiction (as distinguished from Jurisdiction)

- Jurisdiction means the authority to decide a cause Exercise of

jurisdiction means “when there is a jurisdiction over the person and
subject matter, the decision on all other questions arising therein is but
an exercise of jurisdiction.

2.2. Determinant

a. What determines the jurisdiction of the court?

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b. State the rule on Adherence Jurisdiction?
WHAT IS ADHERENCE OF JURISDICTION?
- Once jurisdiction is vested in the court, it is retained up to the end of
the litigation
- Remains with the court until the case is finally terminated
- Exception to the rule: when a newly enacted statute changing the
jurisdiction of a court is given retroactive effect. It can divest a court
of jurisdiction over cases already pending before it is which were filed
before the statute came to force or became effective

c. What is the rule on judgments rendered without jurisdiction?

- Void for lack of jurisdiction. This a case of Error in jurisdiction and

may be cured through filing a petition for certiorari on the ground of
lack of jurisdiction.

3. Submit a digest of “Gonzales vs. GJH Land, Inc., G.R. No. 202664, Nov. 20, 2015”
- ( in a separate document)

4. What are Special Courts? Name them.

a. CTA
b. Sandiganbayan
c. Sharia District Courts
d. Sharia Circuit Courts

5. What are Special Regional Trial Courts? Name them.

 a. Family Court
b. Drugs Court
c. Commercial Court
d. Special Agrarian Court
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6. Submit a digest of Concorde Condominium, Inc. vs Baculio, G.R. No. 203678,

February 17, 2016, in the context of jurisdiction of special courts
- (in a separate document)

7. Which court has jurisdiction to hear the Leila De Lima case? Sandiganbayan or RTC?

- RTC has the jurisdiction to hear the Leila De Lima case, since it involves
violation of RA 9165 or the Comprehensive Dangerous Drugs Act
- Section 90 of RA 9165, states that Supreme Court shall designate special courts
from among the existing Regional Trial Courts in each judicial region to
exclusively try and hear cases involving violations of this Act. The number of
courts designated in each region shall be based on the population and the number
of cases pending in their respective jurisdiction.

8. Enumerate the courts and state their jurisdiction?

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9. What is the power of Judicial Review?

- The power of the courts to test the validity of the executive and legislative acts in
the light of their conformity to the constitution. This is not an assertion of
superiority by the courts over the departments, but merely an expression of
supremacy of the Constitution. This power is inherent in the Judicial Department,
by virtue of separation of powers.

10. What is the meaning of “Incapable of Pecuniary Estimation?

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11. State if the following is incapable of pecuniary estimation or not? (Write Capable or
Incapable)
a. Rescission of Contract. INCAPABLE
b. Damages for Breach of Contract INCAPABLE
c. Action for Partition CAPABLE
b. Foreclosure of Mortgage INCAPABLE
c. Action to Nullify Adjudication with Sale plus Damages INCAPABLE