Movers-Baseco Integrated Port Services, Inc. vs. Cyborg Leasing Corp

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Movers-Baseco Integrated Port Services, Inc. vs. Cyborg Leasing Corp.

Facts: Cyborg Leasing Corp filed before the MTC of Manila a case captioned "Damages with prayer for a writ Replevin" against Conpac and Movers. It was alleged that pursuant to a lease agreement, Cyborg had delivered one forklift to Conpac. The lease agreement stipulated a monthly rental of P11,000.00 for the use of the equipment. Conpac failed and refused to pay the stipulated rentals. Petitioner took control of the operations of Conpac and seized all the cargoes and equipment in ludi g the subject porklift. Petitioner ignored Cyborg's demand for the return to it of the equipment and the formal disclaimer of ownership made by Conpac. A Writ of Replevin was issued. Petitioner was served with a copy of the summons and the latter filed a motion to dismiss the case on the ground of lack of jurisdiction on the part of the of MTC since the complaint had asked for the actual market value of the equipment, actual damage,, exemplary damages and atty's fees. MTC dismissed the complaint for lack of jurisdiction. Cyborg filed a petition for certiorari and prohibition with preliminary injuction against MTC Judge, COnpac and Movers before the RTC f Manila. RTC granted Cyborg's application for premininary injunction. Petitiner assails the decision of RTC. Hence this petition. Issue: WON, MTC has jurisdiction over the complaint? Held: NO MTC's jurisdiction over the action filed by Cyborg is the concern of the case. The jurisdiction of the court and the nature of the action must be determined by the averments in the complaints and the character of the relief sought. The complaint filed by Cyborg with the MTC prayed for the return of the Nissan Forklift to it as the owner or in the alternative for the payment of 150T plus damages, amount of unpaid lease and atty's fees. It would be incorrect to argue that the actual damages in the form of unpaid rentals were just in incident of the action for the return of the forklift considering that private respondent specifically sought in the complaint not only seizure of the forklift from petitioner Movers but also payment of unpaid and outstanding rentals. MTC's dismissing the complaint was properly decreed, Petition for review is granted.

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