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Author Topic: Difference Between Jurisdiction and Exercise of Jurisdiction  (Read 227 times)

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Difference Between Jurisdiction and Exercise of Jurisdiction
« on: November 15, 2016, 12:40:55 PM »
How is jurisdiction distinguished from exercise of jurisdiction?

ANSwer: Jurisdiction is the authority to hear and decide a case. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. (Lim , et al. v. Hon. Felipe Pacquing, et al., 55 SCAD 112, G.R. No. 115044, September 1, 1994, citing Century Ins. Co. v. Fuentes, 2 SCRA 1160 [1961]).

If there is jurisdiction over the person and the subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction. (Herrera v. Baretto, 25 Phil. 245; Palma v. Q & S, Inc., L-20366, May 16, 1966; Heirs of So, et al. v. Obliosa, et al, G.R. No. 147082

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