Thursday, February 17, 2022

Complaint Part 2 - Jurisdiction (subject matter jurisdiction)

When you draft a Complaint, you should be careful to indicate  the court which has the proper subject matter jurisdiction over your case. As stated, this is indicated in the caption of the Complaint.  At first glance, you will be able to tell whether the Complaint is to be filed in the MTC or RTC. 

Remember that your choice of subject matter jurisdiction must be correct, because if a case is filed in the court that has no subject matter jurisdiction, your case can be dismissed at anytime during the proceedings either upon motion of the Defendant, or by the court motu proprio. Lack of jurisdiction over the subject matter is one of four grounds for dismissal that can be raised any time. 

Although subject matter jurisdiction is conferred by law, it is determined by the allegations of the Complaint. To reiterate,  it is the Complaint that determines subject matter jurisdiction. The Answer does not do so. 

To illustrate this concept more concretely, if the Complaint is for unawful detainer, the MTC has subject matter jurisdiction. An action for unlawful detainer can be filed by a landlord who leased out a piece of real properrty, but the lessee continued to stay despite the termination of the lease contract. 

Suppose the lessee, as Defendant, claims in his Answer that he owns the real property, in an attempt to prove that the case is not for unlawful detainer, and that the issue involves ownership of the property. The Defendant insists that the RTC, not the MTC, has subject matter jurisdiction given the assessed value of the property. He now files a motion to dismiss the case for lack of subject matter jurisdiction. Will this prosper?

The answer is no. The reason is that the allegations of the Complaint (not the Answer) determine subject matter jurisdiction.

Your assignment:

Editha Padlan vs. Elenita Dinglasan and Felicisimo Dinglasan, GR No. 180321, March 30, 2013

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