This case has been cited 1 times or more.
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2005-08-31 |
CALLEJO, SR., J. |
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| However, the PISO Bank failed to file a supplemental complaint[35] in the FIRST CASE to order the petitioner SBC, as defendant therein, to pay to it the amount of P5 million from the Sinking Fund. Neither did the petitioner, as the defendant and third-party plaintiff in the FIRST CASE, file a Supplemental Answer and Supplemental Third-Party Complaint, praying that, in the event that judgment is rendered against it on the complaint, and judgment is rendered in its favor on its Supplemental Third-Party Complaint (declaring that petitioner SBC is entitled to the corresponding amount from the Sinking Fund to the extent of its liability to the PISO Bank under the decision of the court). Hence, the issue of whether or not the petitioner therein had a right to the Sinking Fund was not raised as an issue in the FIRST CASE; as such, the court had no jurisdiction over such issue. The court in the FIRST CASE cannot and will not resolve an issue which the parties did not raise in their pleadings. Whether or not the Court has jurisdiction over a specific issue is to be determined by an examination of the parties' pleadings.[36] It is conferred by the pleadings of the parties.[37] Hence, even if the trial court would render judgment in the FIRST CASE in favor of the plaintiff PISO Bank and order petitioner SBC, as defendant therein, to pay the plaintiff's claim; and order therein third-party defendant MCFI to pay the amount paid by SBC to the PISO Bank, the court cannot declare that petitioner SBC is entitled to the Sinking Fund or even a portion thereof. | |||||