This case has been cited 3 times or more.
|
2015-10-20 |
PERALTA, J. |
||||
| The qualifying provision requires two conditions before such disputes may be brought before the NCIP, namely: (1) exhaustion of remedies under customary laws of the parties, and (2) compliance with condition precedent through the said certification by the Council of Elders/Leaders. This is in recognition of the rights of ICCs/IPs to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities, as may be compatible with the national legal system and with internationally recognized human rights.[19] | |||||
|
2015-08-19 |
LEONEN, J. |
||||
| On the jurisdiction issue, jurisdiction over the subject matter is conferred by law.[92] Batas Pambansa Blg. 129, otherwise known as The Judiciary Reorganization Act of 1980, is one such law that provides for the jurisdiction of our courts. A plain reading of Section 19[93] shows that civil actions for payment of sum of money are within the exclusive original jurisdiction of trial courts:SEC. 19. Jurisdiction in civil cases.-Regional Trial Courts shall exercise exclusive original jurisdiction: | |||||
|
2013-09-16 |
PERLAS-BERNABE, J. |
||||
| Moreover, it is a fundamental rule in procedural law that jurisdiction is conferred by law;[34] it cannot be inferred but must be explicitly stated therein. Thus, when Congress confers exclusive jurisdiction to a judicial or quasi-judicial entity over certain matters by law, this, absent any other indication to the contrary, evinces its intent to exclude other bodies from exercising the same. | |||||