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	GR No. 182434 2010-03-05	SULTAN YAHYA 'JERRY' M. TOMAWIS v. RASAD G. BALINDONG VELASCO JR., J.
Moreover, the jurisdiction of the court below cannot be made to depend upon defenses set up in the answer, in a motion to dismiss, or in a motion for reconsideration, but only upon the allegations of the complaint.[36] Jurisdiction over the subject matter of a case is determined from the allegations of the complaint and the character of the relief sought.[37] In the instant case, private respondents' petition[38] in Civil Case No. 102-97 sufficiently alleged the concurrent original jurisdiction of the SDC.
	GR No. 167181 2008-12-23	SPS. CARLOS MUNSALUD AND WINNIE MUNSALUD v. NATIONAL HOUSING AUTHORITY REYES, R.T., J.
Instead of focusing on what an action for mandamus should contain, the court a quo should have proceeded to examine the essential facts alleged in petitioners' complaint. For what determines the nature of the action and which court has jurisdiction over it are the allegations in the complaint and the character of the relief sought.[30]