Vergara o Jurisdiction over the subject-matter is the power to hear and
G.R. No. L-48652 | 16 Sep 1942 | Moran, J. determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority Facts: which organizes the court and defines the court and defines its Victoriano Zafra died, survived by 3 children, namely, Benito, powers Apolonia, and Dominga Zafra o The question of W/N a court has jurisdiction over the subject- Benito and Apolonia are both deceased and their heirs instituted an matter calls for interpretation and application of the law of action for partition of Victoriano's estate jurisdiction RESPs, Dominga and certain persons to whom she had sold her share o But in some instances it is said that the court should also have of the estate, interposed a counterclaim that Dominga had paid certain jurisdiction over the issue, meaning the issue being tried and debts contracted by Apolonia, which constitutes an equitable lien on decided by the court be within the issues raised in the Apolonia's estate pleadings The trial court rendered a judgment awarding the heirs of Apolonia a o But this kind of jurisdiction should be distinguished from third of Victoriano's estate and at the same time, ordered them to pay jurisdiction over the subject matter, the latter being Apolonia's debts amounting to Php 350.00 conferred by law and the former by the pleadings. PETs, the heirs of Apolonia, now question the jurisdiction of the trial Jurisdiction over the issue, unlike jurisdiction over the court to order the payment of the Php 350.00 subject-matter, may be conferred by consent either express Upon appeal, CA ordered the case be elevated to the SC or implied of the parties. o Although an issue is not duly pleaded it may validly be tried Issue: and decided if no timely objection is made thereto by the parties. This cannot be done when jurisdiction over the 1. W/N the trial court has jurisdiction to order the heirs of Apolonia to subject-matter is involved. pay the Php 350. YES. o Jurisdiction over the issue is an expression of a principle involved in jurisdiction over the persons of the parties Ratio: o At any rate, W/N the court has jurisdiction over a specific issue is a question that only requires examination of the The trial court has subject matter jurisdiction over the case, but the pleadings, and this does not need SC’s intervention issue of jurisdiction over the issue must be remanded to the CA. As this case involves an amount of Php 200 or more, it falls within the o The trial court had jurisdiction as there was a counterclaim jurisdiction of the CFI wherein the amount adjudged was within the amount pleaded The kind of jurisdiction put in issue is actually not over subject matter o Also, the proceeding was in the nature of one for liquidation but jurisdiction over the issue or over the persons of the parties and partition of inheritance, wherein debts left by deceased o Thus, the question of jurisdiction raised is not only ancestors may be determined and ordered paid if the creditors unmeritorious but also not the kind of question that may are parties deprive the CA of its appellate jurisdiction over the case o In any case, the heirs of Apolonia failed to object to the exercise of jurisdiction of the trial court and the same court Petition DISMISSED. Case REMANDED to CA for hearing and decision ruled upon the issue of jurisdiction by implication when it on merits. tried and decided on the case. Citing Reyes v. Diaz: