DETERMINATION OF THE NATURE OF AN ACTION OR PROCEEDING

The determination of the nature of an action or proceeding is controlled by the averments and character of the relief sought in the complaint or petition (Vda. de Manalo v. Court of Appeals, 402 Phil. 152, 161 (2001). The designation given by parties to their own pleadings does not necessarily bind the courts to treat it according to the said designation. Rather than rely on "a falsa descriptio or defective caption," courts are "guided by the substantive averments of the pleadings" (MONTAÑER vs. SHARI’A DISTRICT COURT, G.R. No. 174975, January 20, 2009, First Division, Puno, C.J.).