Wednesday, July 4, 2012

JUSTICE MARTIN VILLARAMA, JR.: THE EXCLUSION OF THE TERM “DAMAGES OF WHATEVER KIND” IN DETERMINING THE JURISDICTIONAL AMOUNT


The exclusion of the term “damages of whatever kind” in determining the jurisdictional amount under Section 19 (8) and Section 33 (1) of B.P. Blg. 129, as amended by R.A. No. 7691, applies to cases where the damages are merely incidental to or a consequence of the main cause of action.   However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court (Administrative Circular No. 09-94) (IRENE SANTE AND REYNALDOSANTE vs. HON. EDILBERTO T. CLARAVALL, G.R. No. 173915, February 22, 2010, VILLARAMA, JR., J.).

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