G.R. No. 163827 August 17, 2011
MEANING OF CAUSE OF ACTION
A cause of action is the act or omission by which a party violates a right of another. A complaint states a cause of action when it contains three (3) essential elements: (a) a right in favor of the plaintiff by whatever means and whatever law it arises; (b) the correlative obligation of the defendant to respect such right; and (c) the act or omission of the defendant violates the right of the plaintiff.
If any of these elements is absent, the complaint becomes vulnerable to a motion to dismiss on the ground of failure to state a cause of action.
Sunday, February 7, 2016
CIVIL PROCEDURE: REPUBLIC VS. BANTIGUE POINT (Jurisprudence)
G.R. No. 162322 March 14, 2012
OBJECTIONS TO JURISDICTION OVER THE SUBJECT MATTER
The rule is settled that lack of jurisdiction over the subject matter may be raised at any stage of the proceedings. Jurisdiction over the subject matter is conferred only by the Constitution or the law. It cannot be acquired through a waiver or enlarged by the omission of the parties or conferred by the acquiescence of the court. Consequently, questions of jurisdiction may be cognizable even if raised for the first time on appeal.
CIVIL PROCEDURE: BARITUA VS MERCADER (Jurisprudence)
G.R. No. 136048 January 23, 2001
DOCTRINE OF ADHERENCE OF JURISDICTION
Generally. the jurisdiction of a court is determined by the statute in force at the commencement of the action, unless such statute provides for its retroactive application. Once the jurisdiction of a court attaches, it continues until the case is finally terminated. The trial court cannot be ousted therefrom by subsequent happenings or events, although of a character that would have prevented jurisdiction from attaching in the first instance.
DOCTRINE OF ADHERENCE OF JURISDICTION
Generally. the jurisdiction of a court is determined by the statute in force at the commencement of the action, unless such statute provides for its retroactive application. Once the jurisdiction of a court attaches, it continues until the case is finally terminated. The trial court cannot be ousted therefrom by subsequent happenings or events, although of a character that would have prevented jurisdiction from attaching in the first instance.
CIVIL PROCEDURE: BAGUNU VS. AGGABAO (Jurisprudence)
G.R. No. 186487 August 15, 2011
DOCTRINE OF PRIMARY JURISDICTION
Under this doctrine, courts must refrain from determining a controversy involving a question which is within the jurisdiction of the administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.
DOCTRINE OF PRIMARY JURISDICTION
Under this doctrine, courts must refrain from determining a controversy involving a question which is within the jurisdiction of the administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.
CIVIL PROCEDURE: REPUBLIC VS ROMAN CATHOLIC ARCHBISHOP OF MANILA (Jurisprudence)
G.R. No. 192975 November 12, 2012
HOW JURISDICTION IS CONFERRED AND DETERMINED
It is axiomatic that the nature of an action and whether the tribunal has jurisdiction over such action are to be determined from the material allegations of the complaint, the law in force at the time the complaint is filed, and the character of the relief sought irrespective of whether the plaintiff is entitled to all or some of the claims averred. Jurisdiction is not affected by the pleas or the theories set up by defendant in an answer to the complaint or a motion to dismiss the same.
HOW JURISDICTION IS CONFERRED AND DETERMINED
It is axiomatic that the nature of an action and whether the tribunal has jurisdiction over such action are to be determined from the material allegations of the complaint, the law in force at the time the complaint is filed, and the character of the relief sought irrespective of whether the plaintiff is entitled to all or some of the claims averred. Jurisdiction is not affected by the pleas or the theories set up by defendant in an answer to the complaint or a motion to dismiss the same.
CIVIL PROCEDURE: JAPRL DEVELOPMENT CORPORATION VS SECURITY BANK CORPORATION (Jurisprudence)
G.R. No. 190107 June 6, 2011
JURISDICTION OVER THE DEFENDANT IS ACQUIRED
As expressly stated in Rule 14, Section 20 of the Rules of Court, the defendant's voluntary appearance in the action shall be equivalent to service of summons. It is well settled that any form of appearance in court, by the defendant, by his agent authorized to do so, or by attorney, is equivalent to service except where such appearance is precisely to object to the jurisdiction of the court over the person of the defendant.
JURISDICTION OVER THE DEFENDANT IS ACQUIRED
As expressly stated in Rule 14, Section 20 of the Rules of Court, the defendant's voluntary appearance in the action shall be equivalent to service of summons. It is well settled that any form of appearance in court, by the defendant, by his agent authorized to do so, or by attorney, is equivalent to service except where such appearance is precisely to object to the jurisdiction of the court over the person of the defendant.
CIVIL PROCEDURE: FELIX VS. COURT OF APPEALS (Jurisprudence)
G.R. No. 143736 August 11, 2004
JURISDICTION OVER THE DEFENDANT IS ACQUIRED
The court acquires jurisdiction over the person of the defendant by service of summons on him, wither by personal service or by substituted service or by extra-territorial service thereof or by his voluntary personal appearance before the court or through counsel.
JURISDICTION OVER THE DEFENDANT IS ACQUIRED
The court acquires jurisdiction over the person of the defendant by service of summons on him, wither by personal service or by substituted service or by extra-territorial service thereof or by his voluntary personal appearance before the court or through counsel.
CIVIL PROCEDURE: ATTY. CABILI VS. JUDGE BALINDONG (Jurisprudence)
A.M. No. RTJ-10-2225 September 6, 2011
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY
This doctrine in the regular orders or judgments of a co-equal court is an elementary principle in the administration of justice: no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. The rationale for the rule is founded on the concept of jurisdiction: a court that acquires jurisdiction over the case and renders judgment, to the exclusion of all other coordinate courts, for its execution and over all its incidents, and to control, in furtherance of justice, the conduct of ministerial officers acting in connection with this judgment.
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY
This doctrine in the regular orders or judgments of a co-equal court is an elementary principle in the administration of justice: no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. The rationale for the rule is founded on the concept of jurisdiction: a court that acquires jurisdiction over the case and renders judgment, to the exclusion of all other coordinate courts, for its execution and over all its incidents, and to control, in furtherance of justice, the conduct of ministerial officers acting in connection with this judgment.
CIVIL PROCEDURE: SPRINGFIELD DEVELOPMENT CORPORATION VS. PRESIDING JUDGE (Jurisprudence)
G.R. No. 142628 February 6, 2007
PRINCIPLE OF JUDICIAL HIERARCHY
The Supreme Court, as a rule, will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts, and exceptional and compelling circumstances, such as cases of national interest and of serious implications, justify the availment of the extraordinary remedy of writ of certiorari, prohibition, or mandamus calling for the exercise of its primary jurisdiction. Moreover, the principle of hierarchy of courts applies generally to cases involving factual questions. As it is not a trier of facts, the Court cannot entertain cases involving factual issues.
PRINCIPLE OF JUDICIAL HIERARCHY
The Supreme Court, as a rule, will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts, and exceptional and compelling circumstances, such as cases of national interest and of serious implications, justify the availment of the extraordinary remedy of writ of certiorari, prohibition, or mandamus calling for the exercise of its primary jurisdiction. Moreover, the principle of hierarchy of courts applies generally to cases involving factual questions. As it is not a trier of facts, the Court cannot entertain cases involving factual issues.
CIVIL PROCEDURE: PEOPLE VS. AZARRAGA (Jurisprudence)
G.R. Nos. 187117 and 187127 October 12, 2011
PRINCIPLE OF JUDICIAL HIERARCHY
At the outset, it is an established policy that parties must observe the hierarchy of courts before they can seek relief directly from the Court. The rationale for this rule is twofold: (a) it would be an imposition upon the limited time of this Court; and (b) it would be an inevitably result in delay, intended or otherwise, in the adjudication of cases, which in some instances, had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to resolve the issues because this Court is not a trier of facts.
PRINCIPLE OF JUDICIAL HIERARCHY
At the outset, it is an established policy that parties must observe the hierarchy of courts before they can seek relief directly from the Court. The rationale for this rule is twofold: (a) it would be an imposition upon the limited time of this Court; and (b) it would be an inevitably result in delay, intended or otherwise, in the adjudication of cases, which in some instances, had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to resolve the issues because this Court is not a trier of facts.
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