This case has been cited 4 times or more.
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2010-02-05 |
DEL CASTILLO, J. |
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| At this point, it may be beneficial to elaborate on the matter of jurisdiction. Jurisdiction is defined as the power and authority of a court to hear, try and decide a case.[23] In order for the court or an adjudicative body to have authority to dispose of the case on the merits, it must acquire jurisdiction over the subject matter and the parties.[24] Elementary is the distinction between jurisdiction over the subject matter and jurisdiction over the person. Jurisdiction over the subject matter is conferred by the Constitution or by law. In contrast, jurisdiction over the person is acquired by the court by virtue of the party's voluntary submission to the authority of the court or through the exercise of its coercive processes. Jurisdiction over the person is waivable unlike jurisdiction over the subject matter which is neither subject to agreement nor conferred by consent of the parties.[25] In civil case, courts acquire jurisdiction over the plaintiffs upon the filing of the complaint, while jurisdiction over the defendants is acquired either through the service of summons upon them in the manner required by law or through their voluntary appearance in court and their submission to its authority.[26] | |||||
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2007-10-05 |
VELASCO, JR., J. |
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| Jurisdiction is defined as the power and authority of a court to hear, try, and decide a case.[33] Jurisdiction over the subject matter is conferred by the Constitution or by law while jurisdiction over the person is acquired by his/her voluntary submission to the authority of the court or through the exercise of its coercive processes. Jurisdiction over the res is obtained by actual or constructive seizure placing the property under the orders of the court.[34] | |||||
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2006-11-29 |
CHICO-NAZARIO, J. |
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| However, unlike jurisdiction over the subject matter which is conferred by law and is not subject to the discretion of the parties,[9] jurisdiction over the person of the parties to the case may be waived either expressly or impliedly.[10] Implied waiver comes in the form of either voluntary appearance or a failure to object.[11] | |||||