EXCLUSIVE AND CONCURRENT JURISDICTION UNDER PHILIPPINE LAW
(Remedial Law, Legal Ethics & Legal Forms > II. Jurisdiction > E. Classification of Jurisdiction > 3. Exclusive and Concurrent)
I. OVERVIEW OF JURISDICTION
Definition of Jurisdiction
- Jurisdiction is the power or authority of a court to hear and decide a case.
- The concept of jurisdiction is determined by the Constitution or by statute; courts cannot confer or waive jurisdiction by agreement of the parties.
Classification of Jurisdiction
- Subject Matter Jurisdiction: Pertains to the type of cases a court may hear (e.g., civil, criminal, special proceedings).
- Territorial or Venue: Refers to the geographical area over which the court can exercise its authority.
- Personal Jurisdiction: The court’s power over the person of the defendant or respondent.
- Hierarchy of Courts: The structure established by law (e.g., the Supreme Court at the apex, the Court of Appeals, the Regional Trial Courts, and the first-level courts such as MTC/MeTC/MCTC).
In this discussion, we focus on the classification of courts’ jurisdiction into exclusive and concurrent.
II. EXCLUSIVE JURISDICTION
Definition
- Exclusive jurisdiction means that only one court (or one type of court) has the power to hear and decide a specific type of action or proceeding. All other courts are excluded from taking cognizance of that case.
Legal Basis
- In the Philippines, the exclusive jurisdiction of courts is provided by:
- The Constitution (for example, certain cases falling under the Supreme Court’s exclusive jurisdiction, or certain tribunals given exclusive jurisdiction by constitutional provision).
- Statutes, particularly the Judiciary Reorganization Act of 1980 (B.P. Blg. 129), as amended (e.g., Republic Act No. 7691), and special laws (e.g., Family Courts Act, Intellectual Property Code, Corporation Code [now Revised Corporation Code], etc.) that allocate jurisdiction among various trial courts and quasi-judicial bodies.
- In the Philippines, the exclusive jurisdiction of courts is provided by:
Examples of Exclusive Jurisdiction
- Family Courts (R.A. No. 8369):
- Family Courts have exclusive original jurisdiction over cases involving annulment of marriage, legal separation, petitions for custody of minors, adoption, and other family and juvenile cases enumerated in the law.
- Regional Trial Courts (RTCs):
- Under B.P. 129, as amended by R.A. 7691, RTCs have exclusive original jurisdiction over civil cases where the amount of the claim or the value of the property in controversy exceeds the jurisdictional amounts for first-level courts (MTC, MeTC, etc.). They also have exclusive jurisdiction over certain criminal cases (depending on the penalty) and special civil actions not within the jurisdiction of other courts.
- Municipal Trial Courts (MTCs, MeTCs, MCTCs):
- Certain civil actions involving amounts not exceeding the threshold (e.g., Php 400,000 for MTCs outside Metro Manila, Php 500,000 for MeTCs in Metro Manila) fall under their exclusive original jurisdiction.
- Ejectment suits (forcible entry and unlawful detainer) also fall under the exclusive jurisdiction of first-level courts, regardless of the amounts or rentals involved.
- Specialized Courts or Tribunals:
- For instance, the Court of Tax Appeals (CTA) generally has exclusive appellate jurisdiction over decisions of the Commissioner of Internal Revenue (CIR) and the Commissioner of Customs (COC) on matters of tax and customs duties.
- Specialized commercial courts (designated RTC branches) have exclusive jurisdiction over cases governed by the Intellectual Property Code, securities laws, corporate rehabilitation, and insolvency.
- Family Courts (R.A. No. 8369):
Effects of Exclusive Jurisdiction
- No Other Court May Take Cognizance: If a statute or rule grants a court exclusive jurisdiction, other courts must dismiss or refuse to entertain actions involving the same subject matter and parties.
- Jurisdictional Errors: If a court that does not have exclusive jurisdiction over a case attempts to resolve it, its decision or judgment can be declared void for lack of jurisdiction.
III. CONCURRENT JURISDICTION
Definition
- Concurrent jurisdiction exists when two or more courts or tribunals are each authorized to hear and decide the same type of case. A party may choose which among the courts with concurrent jurisdiction to invoke, subject to the hierarchy of courts and rules against forum shopping.
Legal Basis
- Similar to exclusive jurisdiction, the basis is found in the Constitution and in legislative enactments. The Constitution itself grants certain original concurrent jurisdiction to higher courts. Statutory provisions also specify concurrent jurisdiction over special civil actions, petitions for special writs, or certain appeals.
Common Scenarios of Concurrent Jurisdiction
- Original Petitions for Special Writs (Rule 65 of the Rules of Court):
- The Supreme Court, the Court of Appeals, and the Regional Trial Courts have concurrent original jurisdiction to issue writs of certiorari, prohibition, and mandamus.
- They likewise share concurrent jurisdiction to issue the writ of quo warranto and the writ of habeas corpus (though the Sandiganbayan also has concurrency in some instances).
- Writ of Amparo and Writ of Habeas Data: The Supreme Court, Court of Appeals, and RTCs have concurrent jurisdiction as well (A.M. No. 07-9-12-SC for Amparo; A.M. No. 08-1-16-SC for Habeas Data).
- Labor Cases (Certain Stages):
- The Supreme Court and the Court of Appeals had recognized concurrent jurisdiction in certain extraordinary remedies in labor cases (e.g., petitions to review decisions of the National Labor Relations Commission via Rule 65). Although, due to doctrinal rulings (like St. Martin Funeral Homes v. NLRC), the petition should be filed first with the Court of Appeals (in observance of the hierarchy of courts).
- Criminal Cases in Certain Circumstances:
- Concurrent jurisdiction may exist for issuance of certain provisional remedies or for appeals, depending on the penalty involved and the level of the court designated by law to hear appeals.
- Original Petitions for Special Writs (Rule 65 of the Rules of Court):
Rules on Exercise of Concurrent Jurisdiction
- Hierarchy of Courts
- Even if jurisdiction is concurrent, the principle of the hierarchy of courts generally requires that a petition or action be filed in the lowest court of competent jurisdiction.
- The Supreme Court is a court of last resort and will refuse to entertain direct recourse if there are no special, compelling, or exceptional reasons.
- Doctrine of Forum Shopping
- Concurrent jurisdiction raises the possibility of forum shopping, which is prohibited. Once a party has chosen a court or tribunal, filing the same action or remedy in another court with concurrent jurisdiction while the first remains pending can be grounds for dismissal.
- Judicial Courtesy and Policies
- While multiple courts may have power to act, judicial courtesy and the rules on hierarchy of courts generally guide litigants and the bench to file or to proceed in the appropriate forum.
- Hierarchy of Courts
Strategic Considerations
- Lawyers consider factors such as speed of disposition, geographical convenience, existing jurisprudence, or specialized expertise (e.g., the Court of Appeals’ familiarity with certain types of disputes) when deciding which forum to invoke. However, these strategic decisions must always comply with ethical standards and the rules against forum shopping.
IV. DISTINCTION BETWEEN EXCLUSIVE AND CONCURRENT JURISDICTION
Authority of Courts
- Exclusive: Only one court may validly take cognizance.
- Concurrent: Two or more courts have authority; the party may choose where to file.
Effect on Proceedings
- Exclusive: If a case is filed in a court lacking exclusive jurisdiction, the proceeding is a nullity for want of jurisdiction.
- Concurrent: A case filed in one court with concurrent jurisdiction (and not barred by the hierarchy of courts) prevents another court of the same concurrent jurisdiction from taking cognizance if it involves the same parties and subject matter (due to litis pendentia and forum-shopping rules).
Practical and Ethical Concerns
- Exclusive: Straightforward as to which court the litigant must approach; no confusion about the forum.
- Concurrent: Creates the possibility of forum shopping or multiple suits. Counsel must be mindful of the ethical obligation not to file simultaneous or repetitive suits in courts of concurrent jurisdiction.
V. ETHICAL IMPLICATIONS (LEGAL ETHICS)
Duty to Court and the Bar
- Lawyers must ensure they file actions or petitions in the proper forum in good faith.
- Filing multiple actions in different courts with concurrent jurisdiction over the same subject matter constitutes forum shopping, an unethical practice.
Duty to Client
- Counsel must diligently ascertain which court offers the most appropriate relief under the rules. This choice must also be balanced against the rule on hierarchy of courts.
- Advising a client to engage in multiple filings in concurrent courts is a serious ethical violation that can be sanctioned.
Consequences of Violations
- Dismissal of the case
- Possible disciplinary action for counsel (e.g., suspension or disbarment for serious violations)
VI. LEGAL FORMS AND PROCEDURAL CONSIDERATIONS
Pleadings and Forms
- When invoking the original jurisdiction of a court in cases of concurrency (e.g., Petition for Certiorari under Rule 65), standard forms require:
- Caption, Title, Docket Number (once assigned)
- Statement of jurisdiction (must specify the legal basis)
- Statement of material facts
- The specific reliefs prayed for
- Verification and certification of non-forum shopping
- When invoking the original jurisdiction of a court in cases of concurrency (e.g., Petition for Certiorari under Rule 65), standard forms require:
Certification Against Forum Shopping
- Required under Rule 7, Section 5 of the Rules of Court.
- Litigants and counsel must declare under oath that they have not commenced any action involving the same issues in another court or tribunal with concurrent jurisdiction.
Procedural Route
- In concurrent jurisdictions (especially for extraordinary writs), the general rule is to file in the lower court or the Court of Appeals before going to the Supreme Court. Non-compliance requires a clear showing of special and compelling reasons.
VII. RELEVANT JURISPRUDENCE AND STATUTORY REFERENCES
Relevant Laws
- 1987 Constitution (e.g., Art. VIII on the Judiciary)
- B.P. Blg. 129 (Judiciary Reorganization Act of 1980) as amended by R.A. No. 7691
- R.A. No. 8369 (Family Courts Act)
- R.A. No. 9282 (Expanding the Jurisdiction of the Court of Tax Appeals)
- Rules of Court (particularly Rules 45, 46, 65, 66, 102, 103, 108, etc.)
Leading Cases
- St. Martin Funeral Homes v. NLRC, G.R. No. 130866 (1998): Established that while the Supreme Court, the Court of Appeals, and the Regional Trial Courts technically share concurrent jurisdiction over petitions for certiorari, the hierarchy of courts dictates that such petitions go first to the Court of Appeals (unless exceptions apply).
- Heirs of Hinog v. Melicor, G.R. No. 140954 (2002): Emphasizes that the doctrine of primary jurisdiction or hierarchy of courts must be observed even if there is concurrent jurisdiction.
- Ortiz v. COMELEC, G.R. No. 78957 (1987): On concurrent jurisdiction with the Supreme Court, which typically will not take cognizance of petitions where the same relief can be adequately obtained in a lower court.
VIII. PRACTICAL GUIDELINES
Identify the Applicable Statute or Rule
- Always start by checking if there is a statute or specific rule that bestows exclusive jurisdiction on a particular court. If none, check if the matter falls under concurrency.
Observe the Hierarchy of Courts
- Even if multiple courts have concurrent jurisdiction, proceed in the lower court unless there is a compelling reason to bypass it (e.g., issues of national interest, exigency, time constraints, or novel issues requiring immediate resolution by a higher court).
Avoid Forum Shopping
- Once you elect a court with concurrent jurisdiction, do not file a similar action or seek the same relief in another court.
Ethical Practice
- Ensure that your client is properly informed, that pleadings are truthful and complete, and that you file the required certification of non-forum shopping.
Check the Threshold Amounts and Subject Matter
- In civil cases, carefully determine if the claim or property value is within the exclusive jurisdiction of the first-level courts or of the RTC.
- If the matter is personal or real action, check both the assessed value of property (for real actions) and the total amount of damages or claim (for personal actions).
IX. CONCLUSION
Understanding exclusive and concurrent jurisdiction is vital in Philippine remedial law. A court’s authority to hear and decide a case hinges on statutory and constitutional provisions that delineate and sometimes overlap jurisdiction. Lawyers must be meticulous in determining which forum is proper to avoid jurisdictional pitfalls, dismissal of cases, and ethical sanctions.
- Exclusive Jurisdiction safeguards certain disputes to a single forum, ensuring specialization and consistency.
- Concurrent Jurisdiction allows litigants flexibility but demands adherence to the hierarchy of courts, caution against forum shopping, and scrupulous ethical conduct.
This duality underscores the fundamental principle that jurisdiction is conferred by law, and practitioners are duty-bound to follow these mandates to uphold the integrity of the judicial system.