Engr
...of complaint
a. The issue raised in the case at bar is one of jurisdiction ' whether the Department of Agrarian Reform Adjudication Board (DARAB) has original and exclusive jurisdiction over cases involving agricultural lands irrespective of the presence of tenancy relationship
b. Jurisdiction over the subject matter is determined by the allegations of the complaint. It is not affected by the pleas set up by the defendant in his answer or in a motion to dismiss, otherwise, jurisdiction would be dependent on his whims.
c. that they do not deny at all the allegation of the complaint of petitioners that there is no tenancy or leasehold agreement between them unmistakably show that there is no agrarian dispute to speak of over which the DARAB has exclusive original jurisdiction
2. Manila Railroad vs Attorney General – venue not jurisdictional as to subject matter, may be waived by plaintiff
a. The question for our consideration and decision is the power and authority of a Court of First Instance of one province to take cognizance of an action by a railroad company for the condemnation of real estate located in another province.
b. As to the subject matter, nothing can change the jurisdiction of the court over diminish it or dictate when it shall attach or when it shall be removed. That is a matter of legislative enactment which none but the legislature may change.
c. On the other hand, the jurisdiction of the court over the person is, in some instances, made to defend on the consent or objection, on the acts or omissions of the parties or any of them. Jurisdiction over the person, however, may be conferred by consent, expressly or impliedly given, or it may, by an objection, be prevented from attaching or removed after it has attached.
d. The prohibition here is clearly directed against the one who begins the action and lays the venue. The court, before...
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