JURISDICTION & COMPETENCE-COMPETENCE - 48 PJP 21

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  1. RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Jurisdiction and Competence-Competence,” 48 PJP 21, available at <insert link> (last accessed on <date>).
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Meaning of jurisdiction

Jurisdiction is the power of the courts to hear and decide a case. It is a power granted or conferred by law to courts to pass upon judgment on a category of cases.

Generally, when authors use the term “jurisdiction,” they actually refer to “jurisdiction over the subject matter.” Obviously, it can be inferred that there are other aspects of jurisdiction and subject matter jurisdiction is one of them.

Doctrine of competence-competence

Courts have the power to determine their own jurisdiction. Such determination can be made by looking into the allegations in the complaint. In line with this power, courts have not only the authority but also the duty to dismiss a case brought before them over which they have no jurisdiction.

In the field of arbitration, courts are bound to exercise judicial restraint in invalidating arbitration clauses as the arbitral tribunal is deemed competent and preferred to rule first on the validity of the arbitration clause under the principle of competence-competence.[1]

Effect of lack of jurisdiction

A court without jurisdiction to try and decide a case has no power over it. All proceedings that may be had therein are null and void. In fact, according to Dean Ed Vincent Albano, a court without jurisdiction has no power or authority over a case than to dismiss it.

Jurisdiction is different from venue.

[1] [ G.R. No. 202305. November 11, 2021 ] CAGAYAN DE ORO CITY WATER DISTRICT, REPRESENTED BY ITS GENERAL MANAGER ENGR. RACHEL M. BEJA, PETITIONER, VS. HON. EMMANUEL P. PASAL, REGIONAL TRIAL COURT, BRANCH 38, CAGAYAN DE ORO CITY AND RIO VERDE WATER CONSORTIUM, INC., RESPONDENTS.