MEMORIZE TITLES OF RULES OF COURT

 Rule 1-56 memorize - Civ Pro

 Rule 110-127 - Crim Pro

Jurisdiction
 Power of the court to hear and decide a case of justiciable controversy (Sec. 1 Art. 8 of Consti)
o If controversy is political = beyond ambit of the courts
 GR: court without jurisdiction - judgment is null and void
o XPN: jurisdictional estoppel

Kinds of jurisdiction
o Accdg to nature
 Original jurisdiction - authority of the court to take cognizance of the case for the first
time
 Exclusive - when it is the only court that can take cognizance of the case for the
first time
 Concurrent - can be taken cognizance by more than 1
 Doctrine of Hierarchy of courts, transcendental importance,
Supreme Court not being trier of
 Appellate - if for 2nd, 3rd … it's already appellate
o Accdg to object/purpose
 Jurisdiction over the subject matter
 Jurisdiction over subject matter – conferred by law
 Determined by pleadings, stipulation, or waiver/failure to present evid
 Over persons of parties
 Civil
 Plaintiff, defendant, co-defendant, 3rd party defendant, intervenor
 Res (thing involved) - court’s jurisdiction over the thing or the property which is the
subject of the action
 necessary when the action is an action in rem or quasi in rem: if the action
is in rem or quasi in rem, jurisdiction over the person of the defendant is
not required. What is required is jurisdiction over the res
 Issues - power of the court to try and decide issues raised in the pleadings
 Determined by allegation of pleading
 Territory (this is not applicable in civil cases because question in civil is venue)
 Civil cases
 Territory jurisdiction not required, because here, territoriality is a matter
of venue.
 Venue is different from territory in civil cases. Rule 4
 Criminal case
 Territory is important because venue in crim case is jurisdictional. Venue
here is same as jurisdiction

Kinds of pleadings
1.
Prepared by
Complaint Plaintiff against defendant
 A vs B
Answer Defendant against plaintiff
Counterclaim Defendant against plaintiff
reply Plaintiff against defendant's answer
Counter-counterclaim Plaintiff against defendant's counterclaim
3rd party complaint Defendant against 3rd party
 3rd party can file an answer

4th party complaint

 Filed by 3rd party to 4th party
Intervention (RULE 19) Intervenor
Cross claim Party against co-party (defendant against co-defendant or plaintiff co-
plaintiff