Rosario And Untalan vs. Carangdang 96 Phil 845 Summary

ERIBERTO P. ROSARIO and PAZ UNTALAN DE ROSARIO, plaintiffs-appellants, vs. FILOMENO CARANDANG, ET AL., defendants-appellees.

G.R. No. L-7076 | 1955-04-28

It is the allegations in the complaint, and not the prayer, that determine the nature of the action and, consequently, the jurisdiction of the court
Expenses for the filing of the suit, costs and attorneys' fees, are excluded from the jurisdictional amount that confer jurisdiction upon courts,
When it appears from the face of the complaint that the Court has no jurisdiction over the subject-matter of the case, an amendment of the complaint can not be allowed so as to confer jurisdiction upon the Court
Amendment of the complaint which changes the nature of the action is allowed before an answer or a motion to dismiss is filed

D E C I S I O N

REYES, J.B.L., J.:

This is an appeal from two orders of the Court of First Instance of Pangasinan in Civil Case No. 12316, the first dismissing plaintiffs' complaint, and the second denying plaintiffs' motion for reconsideration and for the admission of an amended complaint.

On October 16, 1952, plaintiffs Eriberto P. Rosario and Paz Untalan de Rosario filed a complaint against defendants Filomeno Carangdang, et al., specifically alleging therein that plaintiffs-appellants are the owners and possessors of a parcel of land (lot No. 2, plan Psu-123111) in Labrador, Pangasinan; that they have applied for the registration...