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    Reyes v. Diaz

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    Kent A. Alonzo
    The document discusses jurisdiction in a case regarding an election protest. It holds that the question being considered is one of jurisdiction over the subject matter, not over a specific issue. Jurisdiction over the subject matter is conferred by law and cannot be conferred by party consent, unlike jurisdiction over a specific issue. The case was remanded to the Court of Appeals for further proceedings.

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    Reyes v. Diaz

    Uploaded by

    Kent A. Alonzo
    79 views1 page
    The document discusses jurisdiction in a case regarding an election protest. It holds that the question being considered is one of jurisdiction over the subject matter, not over a specific issue. Jurisdiction over the subject matter is conferred by law and cannot be conferred by party consent, unlike jurisdiction over a specific issue. The case was remanded to the Court of Appeals for further proceedings.

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    The document discusses jurisdiction in a case regarding an election protest. It holds that the question being considered is one of jurisdiction over the subject matter, not over a specific issue. Jurisdiction over the subject matter is conferred by law and cannot be conferred by party consent, unlike jurisdiction over a specific issue. The case was remanded to the Court of Appeals for further proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views1 page

    Reyes v. Diaz

    Uploaded by

    Kent A. Alonzo
    The document discusses jurisdiction in a case regarding an election protest. It holds that the question being considered is one of jurisdiction over the subject matter, not over a specific issue. Jurisdiction over the subject matter is conferred by law and cannot be conferred by party consent, unlike jurisdiction over a specific issue. The case was remanded to the Court of Appeals for further proceedings.

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    © All Rights Reserved
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    Topic: JURISDICTION OVER THE SUBJECT MATTER court may examine all the ballots after the ballot

    ay examine all the ballots after the ballot boxes are opened in order to
    EN BANC determine which are legal and which are illegal, even though neither of the
    G.R. No. L-48754 parties raised any question as to their illegality.
    November 26, 1941
    EMILIO V. REYES, protestant-appellant, vs APOLONIO R. This case was remanded to the Court of Appeals for further proceedings
    DIAZ, protestee-appellee.
    Penned by MORAN, J.:

    FACTS:
    Both parties agreed that if the due filing of the protestant’s certificate of
    candidacy is proven, the trial court would have no jurisdiction except to
    dismiss the case. (the facts were not really discussed)

    ISSUE:
    Whether or not the question of jurisdiction that may arise would be one of
    jurisdiction over the subject matter or jurisdiction over the issue.

    HELD:
    There is no such question of jurisdiction over the subject matter.

    In order that a court may validly try and decide a case, it must have
    jurisdiction over the persons of the parties. But in some instances, it is said that
    the court should also have jurisdiction over the issue, meaning thereby that
    the issue being tried and decided by the court be within the issues raised in
    the pleadings. But this kind of jurisdiction should be distinguished from
    jurisdiction over the subject-matter the latter being conferred by law and the
    former by the pleadings. Jurisdiction over the issue, unlike jurisdiction over
    the subject-matter, may be conferred by consent either express or implied of
    the parties. (Rule 17, sec. 4, Rules of Court.)

    Although an issue is not duly pleaded it may validly be tried and decided if
    no timely objection is made thereto by the parties. This cannot be done when
    jurisdiction over the subject-matter is involved. In truth, jurisdiction over the
    issue is an expression of a principle that is involved in jurisdiction over the
    persons of the parties. Where, for instance, an issue is not duly pleaded in the
    complaint, the defendant cannot be said to have been served with process as
    to that issue. (Cf. Atkins etc. Co. vs. Domingo, 44 Phil. 680). At any rate,
    whether or not the court has jurisdiction over a specific issue is a question that
    requires nothing except an examination of the pleadings, and this function is
    without such importance as call for the intervention of this Court.

    Furthermore, this question of jurisdiction is unsubstantial. It is well-settled


    rule that the institution of suffrage is of public, not private, interest, and the

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