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CABRERA VS FRANCISCO ET AL.

ARACELI J. CABRERA AND ARNEL CABRERA AND IN BEHALF OF THE HEIRS OF SEVERINO CABRERA, PETITIONERS, VS. ANGELA G. FRANCISCO, FELIPE C. GELLA, VICTOR C. GELLA, ELENA LEILANI G. REYES, MA. RIZALINA G. ILIGAN AND DIANA ROSE GELLA, RESPONDENTS.

G.R. No. 172293 | 2013-08-28

SECOND DIVISION


D E C I S I O N

DEL CASTILLO, J.:

“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 [C]omplaint of the plaintiff[s] x x x. The averments in the [C]omplaint and the character of the relief sought are the ones to be consulted. x x x”[1]

This Petition for Review on Certiorari[2] assails the July 6, 2005 Decision[3] of the Court of Appeals (CA) in CA-G.R. CV No. 75126 which dismissed the appeal filed by petitioners Araceli J. Cabrera (Araceli) and Arnel Cabrera (Arnel), in their own behalf and in behalf of the heirs of Severino Cabrera...