IDONAH SLADE PERKINS, petitioner,

vs.
MAMERTO ROXAS, ET AL., respondents.

Facts:

Respondent Eugene Arthur Perkins, filed a complaint in the Court of First Instance of Manila against
the Benguet Consolidated Mining Company for the recovery of sum of money and for the recognition
of his right to the control and disposal of shares, to the exclusion of all others.

In its answer the company prays that the adverse claimants, Idonah Slade Perkins, and one George
H. Engelhard be made parties to the action.

The complaint was accordingly amended and thereafter, summons by publication were served upon
the non-resident defendants, Idonah Slade Perkins and George H. Engelhard, pursuant to the order
of the trial court.

Petitioner filed her answer with a cross-complaint in which she sets up a judgment allegedly
obtained by her against respondent, from the Supreme Court of the State of New York and filed a
demurrer on the respondent’s reply on the ground that "the court has no jurisdiction of the subject of
the action," because the alleged judgment of the Supreme Court of the State of New York is res
judicata.

Petitioner's demurrer having been overruled, she now filed in this court a petition.

Issue:

Whether or not, in view of the alleged judgment entered in favor of the petitioner by the Supreme
Court of New York, and which is claimed by her to be res judicata on all questions raised by the
respondent, Eugene Arthur Perkins, in civil case No. 53317 of the Court of First Instance of Manila,
the local court has jurisdiction over the subject matter of the action in the said case.

Ruling: Yes.

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 alleged the ownership in himself
of the conjugal partnership between him and his wife, Idonah Slade Perkins.

The respondent's action, therefore, 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 Court of First Instance of Manila.

Similarly, the Court of First Instance of Manila is empowered to adjudicate the several demands
contained in petitioner's cross-complaint which sets up a judgment allegedly recovered by Idonah
Slade Perkins against Eugene Arthur Perkins in the Supreme Court of New York which is 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 Court of First Instance of Manila, to adjudicate, settled and
determine.

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 case 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.

The petition is, therefore, hereby denied, with costs against the petitioner. So ordered.