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Special Rules CASE AND PERTINENT FACTS Manufacturers v YuSiuLong Petitioner wants to compel respondent to accept delivery of 74.

5k plastifilm bags (balance of defendant order). Reason: no justifiable reason for refusal. WHERE FILED CFI Manila Respond: CFI has jurisdiction. MC and CFI: CFI has jurisdiction. Incapable of pecuniary estimation. ISSUES WON the CFI had jurisdiction. HELD/RATIO The primary subject of the complaint is to determine the justification for refusal, which is incapable of pecuniary estimation. The action being one of performance, the attached money claim of P3.3k will not determine jurisdiction as it was merely incidental. Exception: Cruz v Tan if the alternative prayer, normally incapable of estimation, was presented alongside a prayer capable of estimation. First, on money claims: the focus is on the demand, and not the transaction. P644 is well below the P2k ceiling. Second, this is a special case where there are alternate remedies. Although specific performance is incapable of estimation, it is presented as an alternative to a sum. It would be reasonable for a person to offer equal alternatives together. Hence, MC has jurisdiction. Rescission is incapable of pecuniary estimation. The total amount that may be claimed is dependent on the findings of the court. (reasoning for the rule) Exception: Cruz v Tan Case was dismissed for lack of jurisdiction.

Cruz v Tan Respondent files a complaint to compel finishing of construction of house OR pay P644.31

CFI Rizal Petitioner: No jurisdiction. Demand only P644.31 (MC). Respondent: Incapable of estimation (specific performance).

WON the CFI had jurisdiction.

Lapitan v Scandia Petitioner purchased a 16 hp engine from respondent. The defendants warranted immediate availability of parts. The engine broke frequently, and parts were not really in the store. Petitioner wants contract rescinded.

CFI Cebu Respondent: There was a money claim <8k which would place this under MC.

WON the CFI had jurisdiction.

Good Devt v Tutaan Petitioner wanted to recover from the respondents P1525 plus interest; in default thereof, foreclosure of a chattel mortgage over a property worth P15340.

CFI Rizal Response: P1520 complaint subject, should be at MC; or for foreclosure, file in Bulacan where properties are located CFI: dismiss

Whether or not the CFI had jurisdiction.

VERY SPECIAL CASE APPLYING SENO V PASTOLANTE If action to recover + interest is in CFI, yet there is an alternative foreclosure valued 10k (prev 2k)+, CFI.

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