and is determined by the allegations of the complaint irrespective of whether the plaintiff is entitled to all or some of the claims asserted therein.[55] The lack of jurisdiction of the Labor Arbiter was obvious from the allegations of the complaint. His failure to dismiss the case amounts to grave abuse of discretion.[56] V. The Fallo WHEREFORE, the Court hereby GRANTS the petition for certiorari and ANNULS the orders and resolutions of the National Labor Relations Commission dated May 31, 1993, December 15, 1994 and March 30, 1995 in NLRC NCR CA No. 002101-91 (NLRC NCR Case No. 00-02-01058-90). No costs. SO ORDERED. Davide, Jr., C.J., (Chairman), Puno, Kapunan, and Ynares-Santiago, JJ., concur. [1] Under Rule 65, 1964 Revised Rules of Court. [2] Rollo, pp. 2-6. [3] In NLRC NCR CA No. 002101-91 (NLRC NCR Case No. 00-02-01058-90), Commissioner Vicente S. E. Veloso, ponente, concurred in by Commissioners Edna Bonto Perez and Alberto R. Quimpo. [4] Penned by Commissioner V. S. E. Veloso and concurred in by Commissioners Bartolome S. Carale and Romeo B. Putong. [5] Penned by Commissioner V. S. E. Veloso and concurred in by Commissioners B. S. Carale and A. R. Quimpo. [6] Ibid. [7] With principal office at 18094 Swire House Charter Road, Hongkong, as shown by its Articles of Association dated May 23, 1986. [8] MHC represented by its President Victor Sison and the Philippine Agency Limited represented by its Director, Francis Cheung Kwoh-Nean are MHICLs incorporators (Rollo, p. 76). [9] The management agreement was terminated on April 1, 1990. [10] Rollo, p. 71. [11] Ibid., p. 65. [12] Ibid., p. 96. [13] Rollo, p. 65. [14] Ibid., p. 97. [15] Rollo, pp. 8-14. [16] Rollo, p. 66. [17] Ibid., pp. 66-67. [18] Rollo, p. 72.