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DANIEL GARCIA v. ERNESTO DE JESUS

This case has been cited 5 times or more.

	GR No. 201614 2016-01-12	SHERYL M. MENDEZ v. SHARI'A DISTRICT COURT MENDOZA, J.
On the other hand, appellate jurisdiction is the authority of a court higher in rank to re-examine the final order of judgment of a lower court which tried the case now elevated for judicial review.[46] Since the two jurisdictions are exclusive of each other, each must be expressly conferred by law. One does not flow from, nor is inferred from the other.[47]
	GR No. 175723 2014-02-04	CITY OF MANILA v. CARIDAD H. GRECIA-CUERDO PERALTA, J.
existence of appellate jurisdiction.[20] Thus, in the cases of Pimentel v. COMELEC,[21] Garcia v. De Jesus,[22] Veloria v. COMELEC,[23] Department of Agrarian Reform Adjudication Board v. Lubrica,[24] and Garcia v. Sandiganbayan,[25] this Court has ruled against the jurisdiction of courts or tribunals over petitions for certiorari on the ground that there is no law which expressly gives these tribunals such power.[26] It must be observed, however, that with the exception of Garcia v. Sandiganbayan,[27] these rulings pertain not to regular courts but to tribunals exercising quasi-judicial powers. With respect to the Sandiganbayan, Republic Act No. 8249[28] now provides that the special criminal court has exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari,habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction.
	GR NO. 154993 2005-10-25	LUZ R. YAMANE v. BA LEPANTO CONDOMINUM CORPORATION TINGA, J.
The other view, as maintained by the City Treasurer, is that the jurisdiction exercised by the RTC is original in character. This is the first time that the position has been presented to the court for adjudication. Still, this argument does find jurisprudential mooring in our ruling in Garcia v. De Jesus,[25] where the Court proffered the following distinction between original jurisdiction and appellate jurisdiction: "Original jurisdiction is the power of the Court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law. Appellate jurisdiction is the authority of a Court higher in rank to re-examine the final order or judgment of a lower Court which tried the case now elevated for judicial review."[26]
	GR NO. 159145 2005-04-29	DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD v. JOSEFINA S. LUBRICA TINGA, J.
Jurisdiction, or the legal power to hear and determine a cause or causes of action, must exist as a matter of law.[26] It is settled that the authority to issue writs of certiorari, prohibition, and mandamus involves the exercise of original jurisdiction which must be expressly conferred by the Constitution or by law.[27] It is never derived by implication. Indeed, while the power to issue the writ of certiorari is in some instance conferred on all courts by constitutional or statutory provisions, ordinarily, the particular courts which have such power are expressly designated.[28]
	GR No. 155618 2003-03-26	EDGAR Y. SANTOS v. COMELEC YNARES-SANTIAGO, J.
To deprive trial courts of their discretion to grant execution pending appeal would, in the words of Tobon Uy v. COMELEC,[26] bring back the ghost of the "grab-the-proclamation-prolong the protest" techniques so often resorted to by devious politicians in the past in their efforts to perpetuate their hold to an elective office. This would, as a consequence, lay to waste the will of the electorate.[27]