TOPIC Jurisdiction - Determined by the allegations of the complaint or other initiatory

pleading
CASE NO. G.R. No. 128734, September 14, 1999

CASE NAME Boleyley v. Villanueva
MEMBER Tim Ebuengan

DOCTRINE
It is a basic rule of procedure that "jurisdiction of the court over the subject matter of the action is determined
by the allegations of the complaint, irrespective of whether or not the plaintiff is entitled to recover upon
all or some of the claims asserted therein. The jurisdiction of the court cannot be made to depend upon the
defenses set up in the answer or upon the motion to dismiss, for otherwise, the question of jurisdiction
would almost entirely depend upon the defendant."

RECIT-READY DIGEST
Facts: Boleyley filed with RTC Baguio a complaint against private respondent (Surla) for collection of a
sum of money. The complaint stated that plaintiff is a resident at Baguio City while the defendant has postal
office address (instead of his actual residence) at Baguio City. Private respondent filed a motion to dismiss
the complaint on the ground that petitioner did not comply with the Revised Katarungan Pambarangay Law.
Petitioner opposed the motion on the ground that private respondent was not a resident of Baguio City;
therefore the dispute involving the parties was not within the authority of the LUPON to bring together for
conciliation or settlement. RTC issued an order dismissing the case for being premature. Petitioner filed
motion for reconsideration in RTC but was denied by the court. Hence, this petition for certiorari.

Issue: W/N RTC committed GADALEJ for dismissing the complaint? YES because there is no need of
prior referral of the dispute to the barangay lupon or pangkat in the absence of showing in the complaint
itself that the parties reside in the same city or municipality.

Ratio: It is true that plaintiff's complaint should have alleged defendant's place of actual residence, not his
postal office address. The allegation of defendant's actual residence would have been ideal to determine
venue, which is plaintiff's choice of either his place of residence or that of the defendant or any of the
principal defendants. Nevertheless, the complaint clearly implies that the parties do not reside in the same
city or municipality. The venue of the action is not affected by the filing of defendant's (respondent's)
motion to dismiss stating that he also resided in Baguio City. That is not decisive to determine the proper
venue. (See doctrine)

FACTS
- Boleyley filed with RTC Baguio a complaint against private respondent (Surla) for collection of a sum
of money. The complaint stated that plaintiff is a resident at Baguio City while the defendant has postal
office address (instead of his actual residence) at Baguio City.
- Private respondent filed a motion to dismiss the complaint on the ground that petitioner did not comply
with the Revised Katarungan Pambarangay Law.
- Petitioner opposed the motion on the ground that private respondent was not a resident of Baguio City;
therefore the dispute involving the parties was not within the authority of the LUPON to bring together
for conciliation or settlement.
- RTC issued an order dismissing the case for being premature. Petitioner filed motion for
reconsideration in RTC but was denied by the court. Hence, this petition for certiorari.
ISSUE/S and HELD
W/N RTC committed GADALEJ for dismissing the complaint? – YES because there is no need of prior
referral of the dispute to the barangay lupon or pangkat in the absence of showing in the complaint itself
that the parties reside in the same city or municipality.

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RATIO
- It is a basic rule of procedure that "jurisdiction of the court over the subject matter of the action is
determined by the allegations of the complaint, irrespective of whether or not the plaintiff is entitled to
recover upon all or some of the claims asserted therein. The jurisdiction of the court cannot be made to
depend upon the defenses set up in the answer or upon the motion to dismiss, for otherwise, the question
of jurisdiction would almost entirely depend upon the defendant." [Doctrine]
- It is true that plaintiff's complaint should have alleged defendant's place of actual residence, not his
postal office address. The allegation of defendant's actual residence would have been ideal to determine
venue, which is plaintiff's choice of either his place of residence or that of the defendant or any of the
principal defendants.
- In procedural law, specifically for purposes of venue it has been held that the residence of a person is
his personal, actual or physical habitation or his actual residence or place of abode, which may not
necessarily be his legal residence or domicile provided he resides therein with continuity and
consistency. Nevertheless, the complaint clearly implies that the parties do not reside in the same city
or municipality. The venue of the action is not affected by the filing of defendant's (respondent's)
motion to dismiss stating that he also resided in Baguio City. That is not decisive to determine the
proper venue.
- Consequently, we rule that there is no need of prior referral of the dispute to the barangay lupon or
pangkat in the absence of showing in the complaint itself that the parties reside in the same city or
municipality.

DISPOSTIVE PORTION
Wherefore, the Court hereby GRANTS the petition for certiorari and ANNULS the orders of the RTC,
Baguio City, Branch 07, dated November 20, 1997, and April 28, 1998, in Civil Case No. 3483-R.
The Court orders the trial court to forthwith deny private respondent's motion to dismiss, and proceed to
the disposition of the case with all deliberate dispatch.No costs.
SO ORDERED.