Professional Documents
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1
19(8) of B.P. Blg. 129, as amended, which states: SEC. single, and which adjudication was known
19. Jurisdiction in civil cases.—Regional Trial Courts by the plaintiffs[’] father’s coheirs;
shall exercise exclusive original jurisdiction: . . . (8) In
all other cases in which the demand, exclusive of 2. 3.That, sometime in 1989, defendant
interest, damages of whatever kind, attorney’s fees, constructed his dwelling unit of mixed
litigation ex materials on the property of the plaintiffs’
818 father without the knowledge of the herein
818 SUPREME COURT REPORTS ANNOTATEDplaintiffs or their predecessorsininterest;
Hilario vs. Salvador
penses, and costs or the value of the property in 3. 4.That, demands have been made of the
controversy exceeds One Hundred Thousand Pesos defendant to vacate the premises but the
(P100,000.00) or, in such other cases in Metro Manila, latter manifested that he have (sic) asked
where the demand, exclusive of the abovementioned the prior consent of their grandmother,
items exceeds Two Hundred Thousand Pesos Concepcion Mazo Salvador;
(P200,000.00). The said provision is applicable only to
“all other cases” other than an action involving title to, 4. 5.That, to reach a possible amicable
or possession of real property in which the assessed settlement, the plaintiffs brought the matter
value is the controlling factor in determining the court’s to the Lupon of Barangay Sawang, to no
jurisdiction. The said damages are merely incidental to, avail, evidenced by the CERTIFICATE TO
or a consequence of, the main cause of action for FILE ACTION hereto attached as ANNEX
recovery of possession of real property. “B”;
2
1. b.moral and exemplary damages in such meter and considering that the property was 14,797
amount incumbent upon the Honorable square meters, more or less, the total value thereof is
Court to determine; and P3,500,000.00. Besides, according to the petitioners, the
motion to dismiss was premature and “the proper time
to interpose it is when the [petitioners] introduced
2. c.such other relief and remedies just and evidence that the land is of such value.”
equitable under the premises.4 On November 7, 1996, the RTC issued an
Order8 denying the motion to dismiss, holding that the
The private respondent filed a motion to dismiss the action was incapable of pecuniary estimation, and
complaint on the ground of lack of jurisdiction over the therefore, cognizable by the RTC as provided in Section
nature of the action, citing Section 33 of Batas 19(1) of B.P. Blg. 129, as amended.
Pambansa (B.P.) Blg. 129, as amended by Section 3(3) After the denial of the motion to dismiss, the
of Republic Act (R.A.) No. 7691.5 He averred that— private respondent filed his answer with
counterclaim.9 Traversing the material allegations of
the complaint, he contended that the petitioners had no
1. (1)the complaint failed to state the assessed cause of action against him since the property in
value of the land in dispute; dispute was the conjugal property of his grandparents,
the spouses Salustiano Salvador and Concepcion
2. (2)the complaint does not sufficiently identify MazoSalvador.
and/or describe the parcel of land referred to On April 8, 1997, Regidor and Virginia Salvador
as the subjectmatter of this action; filed their AnswerinIntervention10making common
cause with the
both of which are essential requisites for determining
the jurisdiction of the Court where the case is filed. In _______________
this case, however, the assessed value of the land in
6
question is totally absent in the allegations of the Rollo, pp. 6162.
7
complaint and there is nothing in the relief prayed for Rollo, p. 65.
8
Id., at p. 73.
_______________ 9
Id., at p. 75.
10
Id., at p. 79.
4
Rollo, pp. 5859. 822
5
SECTION 33. Jurisdiction of Metropolitan Trial 822 SUPREME COURT REPORTS ANNOTATED
Courts, Municipal Trial Courts and Municipal Circuit
Hilario vs. Salvador
Trial Courts in Civil Cases.—Metropolitan Trial Courts,
private respondent. On her own motion, however,
Municipal Trial Courts and Municipal Circuit Trial
Virginia Salvador was dropped as intervenor.11
Courts shall exercise:
During trial, the petitioners adduced in evidence
. . .
Tax Declaration No. 8590A showing that in 1991 the
(3) Exclusive original jurisdiction in all civil actions
property had an assessed value of P5,950.00.12
which involve title to, or possession of, real property, or
On June 3, 1999, the trial court rendered judgment
any interest therein where the assessed value of the
finding in favor of the petitioners. The dispositive
property or interest therein does not exceed Twenty
portion of the decision reads:
Thousand Pesos (P20,000.00) or, in civil actions in
“WHEREFORE, as prayed for, judgment is rendered:
Metro Manila, where such assessed value does not
Ordering the defendant to vacate and peacefully
exceed Fifty Thousand Pesos (P50,000.00) exclusive of
turn over to the plaintiffs the occupied property; and
interest, damages of whatever kind, attorney’s fees,
Dismissing defendant’s counterclaim.
litigation expenses and costs: Provided, That in cases of SO ORDERED.”13
land not declared for taxation purposes, the value of Aggrieved, the private respondent and
such property shall be determined by the assessed respondentintervenor Regidor Salvador appealed the
value of the adjacent lots. decision to the CA, which rendered judgment on May
821 23, 2003 reversing the ruling of the RTC and dismissing
VOL. 457, APRIL 29, 2005 the complaint for want of jurisdiction. The fallo of the
Hilario vs. Salvador decision is as follows:
which can be pickedup for determining the Court’s “IN VIEW OF THE FOREGOING, the appealed
jurisdiction as provided by law. decision is REVERSED, and the case DISMISSED,
In the face of this predicament, it can nevertheless without prejudice to its refilling in the proper court.
be surmised by reading between the lines, that the SO ORDERED.”14
assessed value of the land in question cannot exceed The CA declared that the action of the petitioners was
P20,000.00 and, as such, it falls within the jurisdiction one for the recovery of ownership and possession of real
of the Municipal Trial Court of Romblon and should property. Absent any allegation in the complaint of the
have been filed before said Court rather than before the assessed value of the property, the Municipal Trial
RTC. . . .6 Court (MTC) had exclu
The petitioners opposed the motion.7 They contended
that the RTC had jurisdiction over the action since the _______________
court can take judicial notice of the market value of the
property in question, which was P200.00 per square 11
Id., at p. 88.
3
12
Rollo, p. 49. subject property, exclusive jurisdiction falls within the
13
Id., at p. 94. said court. Besides, according to the petitioners, in their
14
Id., at p. 54. opposition to respondent’s motion to dismiss, they made
823 mention of the increase in the assessed value of the
land in question in the amount of P3.5 million.
VOL. 457, APRIL 29, 2005 Moreover, the petitioners maintain that their action is
Hilario vs. Salvador also one for damages exceeding P20,000.00, over which
sive jurisdiction over the action, conformably to Section the RTC has exclusive jurisdiction under R.A. No. 7691.
3315 of R.A. No. 7691. The petition has no merit.
The petitioners filed a motion for reconsideration of It bears stressing that the nature of the action and
the said decision, which the appellate court which court has original and exclusive jurisdiction over
denied.16 Hence, they filed the instant petition, with the the same is determined by the material allegations of
following assignment of errors: the complaint, the type of relief prayed for by the
plaintiff and the law in effect when the action is filed,
I irrespective of whether the plaintiffs are entitled to
some or all of the claims asserted therein. 18 The caption
of the complaint is not determinative of the nature of
THE HONORABLE COURT OF APPEALS
the action. Nor does the jurisdiction of the court depend
COMMITTED GRAVE REVERSIBLE ERROR IN
upon the answer of the defendant or agreement of the
HOLDING THAT THE INSTANT CASE, ACCION parties or to the waiver or acquiescence of the parties.
REINVINDICATORIA, FALLS WITHIN THE We do not agree with the contention of the
EXCLUSIVE ORIGINAL JURISDICTION OF THE petitioners and the ruling of the CA that the action of
MUNICIPAL TRIAL COURT OF ROMBLON, AND the petitioners in the RTC was an accion
NOT WITH THE REGIONAL TRIAL COURT OF
reinvindicatoria. We find and so rule that the action of
ROMBLON.
the petitioners was an accion publiciana, or one for the
recovery of possession of the real property subject
II
matter thereof. An accion reinvindicatoria is a suit
which has for its object the recovery of possession over
THE HONORABLE COURT OF APPEALS
the real property
COMMITTED SERIOUS REVERSIBLE ERROR IN
ORDERING THE REFILING OF THE CASE IN THE
[PROPER] COURT, INSTEAD OF DECIDING THE _______________
CASE ON THE MERITS BASED ON THE COMPLETE
18
RECORDS ELEVATED BEFORE SAID APPELLATE Radio Communications of the Philippines, Inc. v.
COURT AND IN NOT AFFIRMING IN TOTO THE Court of Appeals, G.R. No. 136109, 1 August 2002, 386
DECISION OF THE TRIAL COURT.17 SCRA 67; Korea Exchange Bank v. Filkor Business
The Ruling of the Court Integrated, Inc., G.R. No. 138292, 10 April 2002, 380
SCRA 381.
The lone issue for our resolution is whether the RTC 825
had jurisdiction over the action of the petitioners, the
VOL. 457, APRIL 29, 2005
plaintiffs in
Hilario vs. Salvador
_______________ as owner. It involves recovery of ownership and
possession based on the said ownership. On the other
15
(3) Exclusive original jurisdiction in all civil hand, an accion publiciana is one for the recovery of
actions which involve title to, or possession of, real possession of the right to possess. It is also referred to
property, or any interest therein where the assessed as an ejectment suit filed after the expiration of one
value of the property or interest therein does not exceed year after the occurrence of the cause of action or from
Twenty Thousand Pesos (P20,000.00) . . . exclusive of the unlawful withholding of possession of the realty.19
interest, damages of whatever kind, attorney’s fees, The action of the petitioners filed on September 3,
litigation expenses and costs; Provided, That in cases of 1996 does not involve a claim of ownership over the
land not declared for taxation purposes, the value of property. They allege that they are coowners thereof,
such property shall be determined by the assessed and as such, entitled to its possession, and that the
value of the adjacent lots. private respondent, who was the defendant, constructed
16
Rollo, p. 57. his house thereon in 1989 without their knowledge and
17 refused to vacate the property despite demands for him
Id., at p. 21.
to do so. They prayed that the private respondent
824
vacate the property and restore possession thereof to
824 SUPREME COURT REPORTS ANNOTATED them.
Hilario vs. Salvador When the petitioners filed their complaint on
the RTC, against the private respondent, who was the September 3, 1996, R.A. No. 7691 was already in effect.
defendant therein. Section 33(3) of the law provides:
The petitioners maintain that the RTC has Sec. 33. Jurisdiction of Metropolitan Trial Courts,
jurisdiction since their action is an accion Municipal Trial Courts and Municipal Circuit Trial
reinvindicatoria, an action incapable of pecuniary Courts in Civil Cases.—Metropolitan Trial Courts,
estimation; thus, regardless of the assessed value of the
4
Municipal Trial Courts and Municipal Circuit Trial 21
Ouano v. PGTT International Investment
Courts shall exercise: Corporation, G.R. No. 134230, 17 July 2002, 384 SCRA
. . . 589.
(3) Exclusive original jurisdiction in all civil actions 22
Ibid.
which involve title to, or possession of, real property, or
827
any interest therein where the assessed value of the
property or interest therein does not exceed Twenty VOL. 457, APRIL 29, 2005
Thousand Pesos (P20,000.00) or, in civil actions in Hilario vs. Salvador
Metro Manila, where such assessed value does not sessed value of the property in 1991 was P5,950.00. The
exceed Fifty Thousand Pesos (P50,000.00) exclusive of petitioners, however, did not bother to adduce in
interest, damages of whatever kind, attorney’s fees, evidence the tax declaration containing the assessed
litigation expenses and costs: Provided, That in cases of value of the property when they filed their complaint in
land not declared for taxation purposes, the value of 1996. Even assuming that the assessed value of the
such property shall be determined by the assessed property in 1991 was the same in 1995 or 1996, the
value of the adjacent lots. MTC, and not the RTC had jurisdiction over the action
of the petitioners since the case involved title to or
_______________ possession of real property with an assessed value of
less than P20,000.00.23
19
Cruz v. Torres, G.R. No. 121939, 4 October We quote with approval, in this connection, the
1999, 316 SCRA 193. CA’s disquisition:
826 The determining jurisdictional element for the accion
reinvindicatoria is, as RA 7691 discloses, the assessed
826 SUPREME COURT REPORTS ANNOTATED
value of the property in question. For properties in the
Hilario vs. Salvador provinces, the RTC has jurisdiction if the assessed
Section 19(2) of the law, likewise, provides that: value exceeds P20,000, and the MTC, if the value is
Sec. 19. Jurisdiction in civil cases.—The Regional Trial P20,000 or below. An assessed value can have reference
Court shall exercise exclusive original jurisdiction: only to the tax rolls in the municipality where the
. . . property is located, and is contained in the tax
(2) In all civil actions, which involve the title to, or declaration. In the case at bench, the most recent tax
possession of, real property, or any interest therein, declaration secured and presented by the
where the assessed value of the property involved plaintiffsappellees is Exhibit “B.” The loose remark
exceeds Twenty Thousand Pesos (P20,000.00) or, for made by them that the property was worth 3.5 million
civil actions in Metro Manila, where such value exceeds pesos, not to mention that there is absolutely no
Fifty Thousand Pesos (P50,000.00) except actions for evidence for this, is irrelevant in the light of the fact
forcible entry into and unlawful detainer of lands or that there is an assessed value. It is the amount in the
buildings, original jurisdiction over which is conferred tax declaration that should be consulted and no other
upon the Metropolitan Trial Courts, Municipal Trial kind of value, and as appearing in Exhibit “B,” this is
Courts, and Municipal Circuit Trial Courts. P5,950. The case, therefore, falls within the exclusive
The jurisdiction of the court over an action involving original jurisdiction of the Municipal Trial Court of
title to or possession of land is now determined by the Romblon which has jurisdiction over the territory where
assessed value of the said property and not the market the property is located, and not the court a quo.24
value thereof. The assessed value of real property is the It is elementary that the tax declaration indicating the
fair market value of the real property multiplied by the assessed value of the property enjoys the presumption
assessment level. It is synonymous to taxable of regularity as it has been issued by the proper
value.20 The fair market value is the price at which a government agency.25
property may be sold by a seller, who is not compelled
to sell, and bought by a buyer, who is not compelled to _______________
buy.
Even a cursory reading of the complaint will show 23
See Aliabo v. Carampatan, G.R. No. 128922, 16
that it does not contain an allegation stating the March 2001, 354 SCRA 548.
assessed value of the property subject of the 24
Rollo, p. 54.
complaint.21 The court cannot take judicial notice of the 25
Ouano v. PGTT International Investment
assessed or market value of lands.22 Absent any
Corporation, supra.
allegation in the complaint of the assessed value of the
828
property, it cannot thus be determined whether the
RTC or the MTC had original and exclusive jurisdiction 828 SUPREME COURT REPORTS ANNOTATED
over the petitioners’ action. Hilario vs. Salvador
We note that during the trial, the petitioners Unavailing also is the petitioners’ argumentation that
adduced in evidence Tax Declaration No. 8590A, since the complaint, likewise, seeks the recovery of
showing that the as damages exceeding P20,000.00, then the RTC had
original jurisdiction over their actions. Section 33(3) of
_______________ B.P. Blg. 129, as amended, quoted earlier, explicitly
excludes from the determination of the jurisdictional
20
Section 199 of Republic Act No. 7160. amount the demand for “interest, damages of whatever
kind, attorney’s fees, litigation expenses, and costs.”
5
This Court issued Administrative Circular No. 0994 _______________
setting the guidelines in the implementation of R.A. No.
7691, and paragraph 2 thereof states that— 26
Ouano v. PGTT International Investment
2. The exclusion of the term “damages of whatever
Corporation, supra.
kind” in determining the jurisdictional amount under 27
Ibid.
Section 19(8) and Section 33(1) of B.P. Blg. 129, as
amended by R.A. 7691, applies to cases where the 830
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damages are merely incidental to or a consequence of
the main cause of action. However, in cases where the
claim for damages is the main cause of action, or one of
the causes of action, the amount of such claim shall be
considered in determining the jurisdiction of the court.
Neither may the petitioners find comfort and solace in
Section 19(8) of B.P. Blg. 129, as amended, which
states:
SEC. 19. Jurisdiction in civil cases.—Regional Trial
Courts shall exercise exclusive original jurisdiction:
. . .
(8) In all other cases in which the demand,
exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs or the
value of the property in controversy exceeds One
Hundred Thousand Pesos (P100,000.00) or, in such
other cases in Metro Manila, where the demand,
exclusive of the abovementioned items exceeds Two
Hundred Thousand Pesos (P200,000.00).
The said provision is applicable only to “all other cases”
other than an action involving title to, or possession of
real property in which the assessed value is the
controlling factor in determining the court’s
jurisdiction. The said damages are
829
VOL. 457, APRIL 29, 2005
Hilario vs. Salvador
merely incidental to, or a consequence of, the main
cause of action for recovery of possession of real
property.26
Since the RTC had no jurisdiction over the action of
the petitioners, all the proceedings therein, including
the decision of the RTC, are null and void. The
complaint should perforce be dismissed.27
WHEREFORE, the petition is DENIED. The
assailed Decision and Resolution of the Court of
Appeals in CAG.R. CV No. 63737 are AFFIRMED.
Costs against the petitioners.
SO ORDERED.
Puno (Chairman), AustriaMartinez, Tinga an
d ChicoNazario, JJ., concur.
Petition denied, assailed decision and resolution
affirmed.
Notes.—What really distinguishes an action for
unlawful detainer from a possessory action (accion
publiciana) and from a reivindicatory action (accion
reinvindicatoria) is that the first is limited to the
question of possession de facto. (A. Francisco Realty
and Development Corporation vs. Court of Appeals, 298
SCRA 349 [1998])
To determine which court has jurisdiction over the
action, the complaint must allege the assessed value of
the real property subject of the complaint or the
interest thereon. (Laresma vs. Abellana, 442 SCRA
56 [2004])
——o0o——