DIGEST/ SANTIAGO/ HEIRS OF CONCHA vs SPS. LUMOCSO/ 2007

HEIRS OF CONCHA vs SPS. LUMOCSO
GR No. 158121
December 12, 2007

 

FACTS:

 

    Petitioners claim to be the rightful owners of a parcels of land all situated in Cogon, Dipolog City under Commonwealth Act No. 141 or the Public Land Act. The patent holders and registered owners of this lands are the Respondent siblings.

 

  Records shows that Petitioners filed a total of three complaints for Reconveyance and/or annulment of title against Respondents including damages for the illegal cutting of forest trees. It is said that Petitioner’s parents acquired by homestead a parcel of land in Cogon, Dipolog City which they painstakingly preserved the forest including excess of four hectares “untitled forest land”. It alleged that respondents filed free patent applications over the lots despite full knowledge that petitioners owned the lot.

 

    Respondents moved for the dismissal of the case on the ground of lack of jurisdiction, however, petitioners opposed contending that the case involves actions with a subject matter that are capable of pecuniary estimation.

 

ISSUE:


WHETHER or not the RTC may acquire jurisdiction over the subject matter of the case on the ground of capability of pecuniary estimation.

 

RULING:


No. Section 19(2) of B.P. 129 states that “In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.”


In the cases at bar, it is undisputed that the subject lots are situated in Cogon, Dipolog City and their assessed values are less than P20,000.00. Petitioners' contention that this case is one that is incapable of pecuniary estimation under the exclusive original jurisdiction of the RTC pursuant to Section 19(1) of B.P. 129 is erroneous. Hence, the MTC clearly has jurisdiction over the instant cases. In a number of cases, we have held that actions for reconveyance of or for cancellation of title to or to quiet title over real property are actions that fall under the classification of cases that involve "title to, or possession of, real property, or any interest therein."


Digested by: Santiago, Prince Dave C.

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