This case has been cited 6 times or more.
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2012-11-21 |
VELASCO JR., J. |
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| When the dispossession or unlawful deprivation has lasted more than one year, one may avail himself of accion publiciana to determine the better right of possession, or possession de jure, of realty independently of title. On the other hand, accion reivindicatoria is an action to recover ownership which necessarily includes recovery of possession.[48] | |||||
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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] | |||||
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2009-03-20 |
NACHURA, J. |
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| Ostensibly, Eristingcol's complaint, designated as one for declaration of nullity, falls within the regular courts' jurisdiction. However, we have, on more than one occasion, held that the caption of the complaint is not determinative of the nature of the action.[9] | |||||
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2008-12-23 |
REYES, R.T., J. |
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| The trial court is reminded that the caption of the complaint is not determinative of the nature of the action.[32] The caption of the pleading should not be the governing factor, but rather the allegations in it should determine the nature of the action, because even without the prayer for a specific remedy, the courts may nevertheless grant the proper relief as may be warranted by the facts alleged in the complaint and the evidence introduced.[33] | |||||
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2007-11-23 |
NACHURA, J. |
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| Jurisdiction over the subject matter in a judicial proceeding is conferred by the sovereign authority which establishes and organizes the court. It is given only by law and in the manner prescribed by law.[58] It is further determined by the allegations of the complaint irrespective of whether the plaintiff is entitled to all or some of the claims asserted therein.[59] To succeed in its motion for the dismissal of an action for lack of jurisdiction over the subject matter of the claim,[60] the movant must show that the court or tribunal cannot act on the matter submitted to it because no law grants it the power to adjudicate the claims.[61] | |||||
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2007-11-23 |
NACHURA, J. |
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| In the instant case, petitioners, in their motion to dismiss, do not claim that the trial court is not properly vested by law with jurisdiction to hear the subject controversy for, indeed, Civil Case No. 00-0264 for specific performance and damages is one not capable of pecuniary estimation and is properly cognizable by the RTC of Lipa City.[62] What they rather raise as grounds to question subject matter jurisdiction are the principles of lex loci celebrationis and lex contractus, and the "state of the most significant relationship rule." | |||||