This case has been cited 2 times or more.
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2014-03-10 |
VELASCO JR., J. |
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| It is a well-settled rule that jurisdiction of the court is determined by the allegations in the complaint and the character of the relief sought.[10] In this regard, the Court, in Russell v. Vestil,[11] wrote that "in determining whether an action is one the subject matter of which is not capable of pecuniary estimation this Court has adopted the criterion of first ascertaining the nature of the principal action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and whether jurisdiction is in the municipal courts or in the RTCs would depend on the amount of the claim." But where the basic issue is something other than the right to recover a sum of money, where the money claim is purely incidental to, or a consequence of, the principal relief sought, this Court has considered such actions as cases where the subject of the litigation may not be estimated in terms of money, and, hence, are incapable of pecuniary estimation. These cases are cognizable exclusively by RTCs.[12] | |||||
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2011-03-09 |
PEREZ, J. |
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| Jurisdiction is defined as the authority to hear and determine a cause or the right to act in a case.[37] In addition to being conferred by the Constitution and the law,[38] the rule is settled that a court's jurisdiction over the subject matter is determined by the relevant allegations in the complaint,[39] the law in effect when the action is filed,[40] and the character of the relief sought irrespective of whether the plaintiff is entitled to all or some of the claims asserted.[41] Consistent with Section 1, Rule 141 of the Revised Rules of Court which provides that the prescribed fees shall be paid in full "upon the filing of the pleading or other application which initiates an action or proceeding", the well-entrenched rule is to the effect that a court acquires jurisdiction over a case only upon the payment of the prescribed filing and docket fees.[42] | |||||