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Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-5216             March 16, 1953

LIM BING IT, petitioner,
vs.
FIDEL IBAÑEZ, judge of the Court of First Instance of Manila, (Branch IX), THE MUNICIPAL COURT OF MANILA, and ZACARIAS MENDOZA, respondents.

Fojas and Fojas for petitioner.

TUASON, J.:

This is an application for certiorari and prohibition against Honorable Fidel Ibañez, Judge of the Court of First Instance of Manila, the Municipal Court of Manila, and Zacarias Mendoza. By the allegations and the prayer, the petition is one for mandamus and will be so regarded.

It appears that the petitioner brought in the Court of First Instance of Manila an action against Zacarias Mendoza to recover P4,526.30, exclusive of interest, itemized as follows: P326.30 for merchandise bought on credit; P2,000 for damages, and P2,200 as attorney's fees.

The defendant failed to answer within the statutory period and, upon motion of the plaintiff, was declared in default, and the case was set for the reception of plaintiff's evidence having been taken, Judge Ibañez pronounced himself without jurisdiction of the plaintiff's suit on the ground that "the cause of action" was only for the amount of P326.30, and remanded the clause to the Municipal Court "for proper proceedings."

The amount of which determines the jurisdiction of courts of general jurisdiction is the amount sought to be recovered and not the amount found after the trial to be due. This should be the rule at least where, as in this case, there was no objection to the complaint, the cause had been set for trial, and trial had been concluded. For this reason, we are of the opinion that the respondent judge erred in refusing to enter judgment upon the pleadings and the evidence.

The petition is hereby granted and the respondent judge directed to decide the petitioner's action as the evidence warrants, without costs.

Paras, C.J., Feria, Pablo, Bengzon, Padilla, Montemayor, Reyes, Jugo, Bautista Angelo and Labrador, JJ., concur.

The Lawphil Project - Arellano Law Foundation

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