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Doctrine - Basis

Jurisdiction over a case is determined by the allegations in the complaint, not the defenses in the answer or motions to dismiss. The nature of the action and which court has jurisdiction is based on what is alleged in the plaintiff's complaint, regardless of whether the plaintiff can recover on all or some of the claims. Once jurisdiction is established by the complaint, it remains even if the plaintiff cannot recover everything claimed. Additionally, when there are multiple heirs, the entire estate is owned in common by all heirs before partition, and each heir has the right to dispose of property based on civil code provisions.

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Gerald Mesina
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19 views

Doctrine - Basis

Jurisdiction over a case is determined by the allegations in the complaint, not the defenses in the answer or motions to dismiss. The nature of the action and which court has jurisdiction is based on what is alleged in the plaintiff's complaint, regardless of whether the plaintiff can recover on all or some of the claims. Once jurisdiction is established by the complaint, it remains even if the plaintiff cannot recover everything claimed. Additionally, when there are multiple heirs, the entire estate is owned in common by all heirs before partition, and each heir has the right to dispose of property based on civil code provisions.

Uploaded by

Gerald Mesina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Manner of Determining Jurisdiction:

Basic as a hornbook principle is that jurisdiction over the


subject matter of a case is conferred by law and
determined by the allegations in the complaint which
comprise a concise statement of the ultimate facts constituting
the plaintiff's cause of action. The nature of an action, as well as
which court or body has jurisdiction over it, is determined based
on the allegations contained in the complaint of the plaintiff,
irrespective of whether or not the plaintiff is entitled to recover
upon all or some of the claims asserted therein. The averments in
the complaint and the character of the relief sought are the ones
to be consulted. Once vested by the allegations in the complaint,
jurisdiction also remains vested irrespective of whether or not the
plaintiff is entitled to recover upon all or some of the claims
asserted therein.

CITY OF DUMAGUETE v. PHILIPPINE PORTS AUTHORITY


G.R. No. 168973. August 24, 2011

Moreover, the rule is well settled that the jurisdiction of the court
or agency is determined by the allegations in the complaint. It
cannot be made to depend on the defenses made by the
defendant in his Answer or Motion to Dismiss. If such were the
rule, the question of jurisdiction would depend almost entirely on
the defendant.

SPOUSES MINIANO and LETA DELA CRUZ, petitioners, vs. HON. COURT OF APPEALS and
SPOUSES ARCHIMEDES and MARLYN AGUILA G.R. No. 151298. November 17, 2004.]

The right of an heir to dispose of the decedent's property, even if


the same is under administration, is based on the Civil Code
provision9 stating that the possession of hereditary property is
deemed transmitted to the heir without interruption and from the
moment of the death of the decedent, in case the inheritance is
accepted. Where there are however, two or more heirs, the whole
estate of the decedent is, before its partition, owned in common
by such heirs.
G.R. No. 102380 January 18, 1993

HERODOTUS P. ACEBEDO and DEMOSTHENES P.


ACEBEDO, petitioners,
vs.
HON. BERNARDO P. ABESAMIS, MIGUEL ACEBEDO,
ALEXANDER ACEBEDO, NAPOLEON ACEBEDO, RIZALINO
ACEBEDO, REPUBLICA ACEBEDO, FILIPINAS ACEBEDO and
YU HWA PING, respondents.

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