Professional Documents
Culture Documents
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* SECOND DIVISION.
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Our Ruling
In its October 22, 2003 Order, the RTC declared that the
MTC has no jurisdiction over the subject matter of the case
based on the supposition that the same is incapable of
pecuniary estimation. Thus, following Section 8, Rule 40 of
the Rules of Court, it took cognizance of the case and
directed the parties to adduce further evidence if they so
desire. The parties bowed to this ruling of the RTC and,
eventually, submitted the case for its decision after they
had submitted their respective memoranda.
We cannot, however, gloss over this jurisdictional faux
pas of the RTC. Since it involves a question of jurisdiction,
we may motu proprio review and pass upon the same even
at this late stage of the proceedings.25
In her Complaint26 for reconveyance of real property
with declaration of nullity of OCT, petitioner claimed that
she and her father had been in open, continuous, notorious
and exclusive possession of the disputed property since the
1940s. She averred:
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24 Id., at p. 19.
25 Zarate v. Commission on Elections, 376 Phil. 722, 726; 318 SCRA
608, 612 (1999).
26 Records, pp. 1-5.
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THE
AND
JURISDICTION
OF THE
OTHERWISE
KNOWN
AS
THE
THE
JUDICIARY
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