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R. Enerio, et al vs. N. Alampay, et al

RUSSEL R. ENERIO, DARROW O. ENERIO. and VIRGINIA RODRIGUEZ, plaintiffs, vs. HON. NESTOR B. ALAMPAY, SONETRAN CO., INC., ERNESTO KHO, and MAX VILLEGAS Y YANSON, respondents.

G.R. No. L-40010 | 1975-05-26

D E C I S I O N

TEEHANKEE, J:

The Court sets aside respondent court's dismissal order for alleged lack of jurisdiction. The totality of the demand in suits for recovery of sums of money between the same parties furnishes the jurisdictional test and since petitioners' total claim for actual, moral and exemplary damages and attorney's fees was clearly in excess of P10,000.00 and came close to P30,000.00, it properly fell within the jurisdiction of respondent court of first instance.

On May 27, 1914, petitioners as plaintiffs filed with respondent court of first instance of Negros Occidental presided by respondent Judge Nestor B. Alampay a...