MONEY CLAIMS OR DAMAGES: MAIN ACTION OR INCIDENTAL

CASE DIGEST CIV PRO:

Statement of the Case: This is a special civil action for certiorari. The petitioner is
International Industrial Management and Development Corporation. The
respondents are Hon. Court of Appeals, Hon. Salvador Tensuan and Filipinas
Carbon and Mining Corporation.
Facts: Private respondent Filipinas Carbon and Mining Corporation filed against herein
petitioner and Central Mining Consultants (CMC) an action for rescission or annulment of
contract with damages before the Regional Trial Court of Manila. Petitioner filed a motion
to dismiss on the ground that the trial court did not acquire jurisdiction over the case
since the complaint does not specifically state the amount of damages sought therein
by private respondent, thereby rendering the docket fee corresponding thereto
undeterminable and, as a matter of course, unpaid.

Issue/s: Does the RTC have jurisdiction over cases involving annulment of contracts
notwithstanding the amount of damages was not alleged in the Complaint?

Ruling: Yes, the RTC has jurisdiction over the case involving annulment of
contracts. The fact that the main action or principal relief sought in the complaint is for
specific performance and/or rescission is only determinative of jurisdiction in the sense
that, regardless of the amount of incidental or additional claims for damages, the case
is within the exclusive original jurisdiction of the Regional Trial Court. However, for
purposes of assessing the docket fees to be paid, the amount of damages sought to be
recovered need to be alleged in the Complaint.