Author Topic: Test if capable of pecuniary estimation  (Read 1014 times)

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Test if capable of pecuniary estimation
« on: October 07, 2019, 05:26:27 AM »
What is the test to determine if an action is capable of pecuniary estimation?

In determining whether an action is one the subject matter of which is not capable of pecuniary estimation this Court has adopted the criterion of first ascertaining the nature of the
principal action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and whether jurisdiction is in the MTCs or in the RTCs would depend on the amount of the claim. However, where the basic issue is something other than the right to recover a sum of money, or where the money claim is purely incidental to, or a consequence of, the principal relief sought, this Court has considered such actions as cases where the subject of the litigation may not be estimated in terms of money, and are cognizable exclusively by regional trial courts. (Raymundo vs. CA, 213 SCRA 457)

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