2004 Bar: Was the court‘s order to forward the case proper? Explain briefly. (5%)

2004 Bar: Plaintiff filed a complaint for a sum of money against defendant with the MeTC-Makati, the total amount of the demand, exclusive of interest, damages of whatever kind, attorney‘s fees, litigation expenses, and cost, being P1,000,000. In due time, defendant filed a motion to dismiss the complaint on the ground of the MeTC‘s lack of jurisdiction over the subject matter. After due hearing, the MeTC (1) ruled that the court indeed lacked jurisdiction over the subject matter of the complaint; (2) ordered that the case therefore should be forwarded to the proper RTC immediately.

Was the court‘s ruling concerning jurisdiction correct? Was the court‘s order to forward the case proper? Explain briefly. (5%)
Yes, the court did not have jurisdiction over the case because the total amount of the demand exclusive of interest, damages of whatever kind, attorney‘s fees, litigation expenses, and cost was P1M. Its jurisdictional amount at this time should not exceed P400,000 (Sec. 33, BP 129, as amended by RA 7691).

No, the court‘s order to forward the case to the RTC is not proper. It should merely dismiss the complaint. Under Sec. 3 of Rule 16, the court may dismiss the action or claim, deny the motion or order the amendment of the pleading but not to forward the case to another court. In a manner of speaking, when a court has no jurisdiction over a case, its only authority is to dismiss.