Facts: Payuran and her 3 children leased to United Elec Corp a factory building with the land.

The consent of
Tinitigan Sr. (husband of Payuran) was not secured. Consequently he filed a complaint for Annulment of Ownership
& Contract of Lease at CFI Rizal. The complaint was later amended to include “restrain defendants from encumbering
or disposing property in the name of Molave Development Corp & those in their name as husband and wife. Te court
enjoined Payuran from doing any act to dispose the property. The case was then set for hearing primarily on the the
issue of preliminary injunction. The contract of lease was settled amicably. However Tinitigan Sr. sought judicial
approval of sale of 2 rented house and lot which are conjugal which was tenanted by Quintin Lim. The court granted.
An MR was filed by Payuran because allegedly the Loring property is suitable for condo site therefore command a
higher price. Two days thereafter, Payuran filed a legal separation case at CFI Pasay. The parties agreed to the
continuation of the administration of the conjugal property by Payuran subject to certain conditions, one of which the
Loring property shall be subject to the decision of CFI Rizal. Meanwhile Judge of CFI Rizal denied petitioners MR for
lack of merit. They appealed but was denied on the ground that the order appealed from is merely interlocutory.
Payuran and children then filed a petition for certiorari at the CA which affirmed the same, hence this petition.

Issue: Whether or not the court where respondent Judge (judge of CFI Rizal) sits did not acquire jurisdiction over
the Loring property hence cannot grant authority to sell.

Held: CFI Rizal did acquire jurisdiction over the Loring property. The amended complaint prayed among others to
restrain defendant from encumbering or disposing of the property. This in effect brings the Loring property under the
jurisdiction of the court (CFI Rizal). Jurisdiction over the subject matter is conferred by law. It is determined by the
allegations of the complaint, irrespective of whether or not the plaintiff is entitled to recover upon all or some of the
claims asserted therein. It cannot be made dependent upon the defenses. The Filing of the legal separation case
after the order of denial is a tactical maneuver to frustrate the order. The administration of property is given to
Payuran but such is not absolute. It was subject to a condition. The CFI Pasay even recognized the jurisdiction
primarily acquired by CFI Rizal. Jurisdiction once acquired continue until the case is finally terminated.