Facts:
This was originally a case of an action for torts and damages and specific performance with a prayer for temporary restraining order. The damages were not specifically stated in the prayer but the body of the complaint assessed a P78.75M damages suffered by the petitioner. The amount of docket fees paid was only P410.00. The petitioner then amended the complaint and reduced the damages to P10M only.
Issues:
When does a court acquire jurisdiction?
Does an amended complaint vest jurisdiction in the court?
Ruling:
The court acquires jurisdiction over any case only upon the payment of the prescribed docket fee. An amendment of the complaint or similar pleading will not thereby vest jurisdiction in the court, much less the payment of the docket fee based on the amounts sought in the amended pleading.
(CLICK THE TITLE OF THE CASE TO VIEW THE FULL TEXT @LAWPHIL.NET)
No comments:
Post a Comment