CONFERMENT, DETERMINATION, & ACQUISITION OF JURISDICTION - 57 PJP 21

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  1. RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Conferment, Determination, and Acquisition of Jurisdiction,” 57 PJP 21, available at <insert link> (last accessed on <date>).
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Jurisdiction over the subject matter is conferred by law and determined by the allegations in the complaint. Hence, it is not determined by the allegations in the answer, comment, or opposition, except in cases when the jurisdiction of a quasi-judicial agency such as the Department of Agrarian Reform Adjudicatory Board (“DARAB”) is invoked in the latter.

For the concept of subject matter jurisdiction, the proper term is “conferred,” not “acquired.”

On the other hand, jurisdiction over the parties is “acquired.” Insofar as claiming parties are concerned, it is through their filing of the complaint in court. As to defending parties, jurisdiction over them is acquired through proper service of summons or through voluntary appearance.

The discussion in the last preceding paragraph is different for jurisdiction over the person of the accused in criminal cases. Such is acquired via a valid arrest or via voluntary surrender.

Jurisdiction over the res is acquired through, as a rule, bringing the thing to the power and control of the court. Nonetheless, it may also be acquired through the institution of legal processes whereby the powers of the court over the thing are recognized.

Jurisdiction over the issues (also known as jurisdiction over the remedies) is acquired by the court whenever a justiciable issue is brought before it. In other words, courts have no power to pass upon purely political matters left to the sound discretion of the President or of Congress.

A different understanding of the term “jurisdiction over the issues” is the power of the Supreme Court to promulgate rules regarding pleading, practice and procedure. Hence, for example, foreigners are not allowed to insist on a remedy available in their country if the same is not recognized as a remedy under the Rules of Court or other rules and guidelines promulgated by the Supreme Court. This is in line with the principle of lex fori.

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