Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Jurisdiction › Concept
7. How Jurisdiction is Determined and Conferred
How conferred and determined:
General Rule: It is conferred and determined by the pleadings of the parties that present the issues to be tried and determined whether or not the issues are of fact or of law
Updated: Jurisdiction is conferred by law and determined from the complaint’s allegations and relief sought under the law in force when the action is filed (Radiowealth Finance Company, Inc. v. Pineda, G.R. No. 227147, 30 July 2018).
HOW JURISDICTION IS CONFERRED AND DETERMINED
Jurisdiction over the subject matter is conferred only by the Constitution or the law. It cannot be contingent upon the action or inaction of the court. (Republic v.-Bantigue, G.R. No. 162332, 2012).
The law that confers such jurisdiction refers to a substantive law, not a procedural law.
How Jurisdiction is Determined
Jurisdiction over the subject matter is determined by the allegations of the complaint and the character of the relief sought. (Heirs of Alfredo Bautista. v. Lindo, G.R. No. 208232, 2014)
It is not determined either by the defenses or by the pieces of evidence presented in the trial.
It is not the title of the pleading but its allegations that must control. (Jordan v. Grandeur Security, GR. No. 206716, 2014)
Jurisdiction is based on the allegations in the initiatory pleading. The defenses in the answer are deemed irrelevant and immaterial in its determination. (Dela Cruz v. Court of Appeals, G.R. No. 139442, December 6, 2006)
Thus, if by the averments of the complaint, the court has jurisdiction, it does not lose that jurisdiction just because the defendant makes a contrary allegation in his motion or answer or because the court believes that the plaintiff’s claims are ridiculous and therefore, untrue. (Tomas Claudio Memorial College, Inc., v. Court of Appeals, G.R. No. 124262, 1999)
The exclusion of the term damages of whatever kind in determining the jurisdictional amount under Section 19 (8) and Section 33 (1) of B.P. Blg. 129, as amended by R.A. No. 7691, applies to cases where the damages are merely incidental to or a consequence of the main cause of action. However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court.
The assessed value must be alleged in the complaint to determine which court has jurisdiction over the action. Jurisdiction is conferred by law and is determined by the allegations in the complaint, which contains the concise statement of the ultimate facts of a plaintiff's cause of action. (Heirs of Julao v. Spouses de Jesus, G.R. No. 176020, 2014)
Authorities
- 1987 Constitution
- B.P. Blg. 129, Sec. 19
- B.P. Blg. 129, Sec. 33
- Bautista v. Lindo, G.R. No. 208232, 10 March 2014
- Dela Cruz v. Court of Appeals, G.R. No. 139442, 6 December 2006
- Heirs of Julao v. Spouses De Jesus, G.R. No. 176020, 29 September 2014
- Jordan v. Grandeur Security & Services, Inc., G.R. No. 206716, 18 June 2014
- Republic v.-Bantigue, G.R. No. 162332
- Tomas Claudio Memorial College, Inc. v. Court of Appeals, G.R. No. 124262, 12 October 1999