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RULING: By jurisdiction over the subject matter is meant the nature of the
cause of action and of the relief sought, and this is conferred by the
sovereign authority which organizes the court, and is to be sought for in
general nature of its powers, or in authority specially conferred. In the
present case, the amended complaint filed by the respondent, Eugene
Perkins alleged calls for the adjudication of title to certain shares of stock
of the Benguet Consolidated Mining Company and the granting of
affirmative reliefs, which fall within the general jurisdiction of the CFIManila. Similarly CFI- Manila is empowered to adjudicate the several
demands contained in petitioners crosscomplaint.
Idonah Perkins in her crosscomplaint brought suit against Eugene Perkins
and the Benguet Consolidated Mining Company upon the alleged
judgment of the SC of the State of New York and asked the court below to
render judgment enforcing that New York judgment, and to issue execution
thereon. This is a form of action recognized by section 309 of the Code of
Civil Procedure (now section 47, Rule 39, Rules of Court) and which falls
within the general jurisdiction of the CFI- Manila, to adjudicate, settle and
determine.
The petitioner expresses the fear that the respondent judge may render
judgment annulling the final, subsisting, valid judgment rendered and
entered in this petitioners favor by the courts of the State of New York,
which decision is res judicata on all the questions constituting the subject
matter of civil case and argues on the assumption that the respondent
judge is without jurisdiction to take cognizance of the cause. Whether or
not the respondent judge in the course of the proceedings will give validity
and efficacy to the New York judgment set up by the petitioner in her
cross-complaint is a question that goes to the merits of the controversy
and relates to the rights of the parties as between each other, and not to
the jurisdiction or power of the court. The test of jurisdiction is whether or
not the tribunal has power to enter upon the inquiry, not whether its
conclusion in the course of it is right or wrong. If its decision is erroneous,
its judgment can be reversed on appeal; but its determination of the
question, which the petitioner here anticipates and seeks to prevent, is the
exercise by that court and the rightful exercise of its jurisdiction.
Petition denied