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Jurisdiction over the subject matter is determined by the allegations of the complaint. It is not affected by the pleas set up by the defendant in his answer or in a motion to dismiss, otherwise, jurisdiction would be dependent on his whims.
c. that they do not deny at all the allegation of the complaint of petitioners that there is no tenancy or leasehold agreement between them unmistakably show that there is no agrarian dispute to speak of over which the DARAB has exclusive original jurisdiction
2. Manila Railroad vs Attorney General – venue not jurisdictional as to subject matter, may be waived by plaintiff
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