ASPECTS OF JURISDICTION - 54 PJP 21

Date Published:
  1. RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Aspects of Jurisdiction,” 54 PJP 21, available at <insert link> (last accessed on <date>).
  2. PJP BLOG: Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry.
  3. CONTACT US: For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence.

Jurisdiction generally refers to subject matter jurisdiction, otherwise known as jurisdiction over the subject matter. However, it must be understood that this is only one aspect of jurisdiction.

It can be imagined that subject matter jurisdiction is only one of the Horcruxes of Voldemort. The completion of jurisdiction depends on the presence of other aspects. The other ones are: (a) jurisdiction over the parties; (b) jurisdiction over the res; (c) jurisdiction over the issues; and (d) jurisdiction over the remedies. In criminal law, jurisdiction over the territory is also relevant.

Students may also imagine jurisdiction as a puzzle where subject matter jurisdiction is but a piece of the whole. It cannot be said that the court’s jurisdiction is complete or whole without the other pieces. Hence, a judgment rendered with subject matter jurisdiction but without jurisdiction over the person of the parties or over the res in litem is still open to an attack on grounds of invalidity.

[MISSING CITATIONS]