Jurisdiction over the Res


[1] Jurisdiction over the res refers to the court‘s jurisdiction over the thing or the property which is the subject of the action. Jurisdiction over the res may be acquired by the court by placing the property of thing under its custody (custodia legis). An example of this would be attachment of the property in litem. It may also be acquired by the court through statutory authority conferring upon it the power to deal with the property or thing within the court‘s territorial jurisdiction. An example of this would be suits involving the status of the parties or suits involving the property in the Philippines of non-resident defendants. [2] Jurisdiction over the res is acquired by the seizure of the thing under legal process whereby it is brought into actual custody of law, or it may result from the institution of a legal proceeding wherein the power of the court over the thing is recognized and made effective (Banco EspaƱol Filipino vs. Palanca).