DIGEST/ACOPIADO/ROLDAN V. BARRIOS/2018

Roldan vs Barrios

G.R. No. 214803| April 23, 2018

Digest by: A. Acopiado

FACTS:

Petitioner Roldan, filed an action in the RTC to foreclose the real property of respondent spouses, Barrios, due to the nonpayment of debt.  RTC motu propio dismissed the complaint for lack of jurisdiction, stating that the property only has an assessed value of P13,380.  Petitioner filed a motion for reconsideration arguing that the subject matter is within the court’s jurisdiction, the same being incapable of pecuniary estimation. RTC denied the motion, hence, petitioner filed an instant petition for certiorari in the SC.

ISSUE:

W/N the RTC gravely erred in the dismissing the case.

RULING:

No. RTC committed no grave abuse of discretion in the case dismissal.

Under Sec 19 of BP 129 as amended by RA 7691, the RTC has exclusive original jurisdiction over civil actions that: (1) are incapable of pecuniary estimation; and (2) involving property whose assessed value exceeds P20,000 or P50,000, if in Metro Manila.

The court iterated that while civil actions which involve real property are also incapable of pecuniary estimation (since they are not for recovery of money), jurisdiction will still be determined by the assessed value of the property involved. Petition is dismissed.

Popular posts from this blog

DIGEST/ACOPIADO/ LARA GIFTS V. PNB 2018

Lara Gifts and Decors, Inc. vs. PNB GR. Nos. 230429-30| January 24, 2018 Digest by: A. Acopiado FACTS: Petitioner company insured a building with respondent bank. Sometime later, the subject of the insurance was gutted by fire. Respondent engaged services of independent appraisers for the fire loss, but the latter were unable to ascertain the damage due to petitioner’s failure to supply documents. Respondent thus denied the insurance claim.  Petitioner sued in the RTC. In the pre-trial the parties agreed to the facts and issues in dispute and the judge issued an order which stipulated that the parties agree to the presentation of additional evidence. None of the parties objected to the stipulation.  Sometime later, petitioner introduced an affidavit and documents which were not submitted in the pre-trial. Respondent objected stating that the same is violative of the judicial affidavit rule and the court memo governing pre-trial procedures and modes of discovery (A....
Read more

[ G.R. No. 214054, August 05, 2015 ] NG MENG TAM, PETITIONER, VS. CHINA BANKING CORPORATION, RESPONDENT.

  THIRD DIVISION [ G.R. No. 214054, August 05, 2015 ] NG MENG TAM, PETITIONER, VS. CHINA BANKING CORPORATION, RESPONDENT. D E C I S I O N VILLARAMA, JR., J.: Before this Court is a direct recourse from the Regional Trial Court (RTC) via petition [1]  for review on the question of whether Section 5 [2]  of the  Judicial   Affidavit   Rule  (JAR) applies to hostile or adverse witnesses.  The petition seeks to annul and set aside the May 28, 2014 [3]  and August 27, 2014 [4]  Orders of the RTC, Branch 139, Makati City in Civil Case No. 08-1028. This case stemmed from a collection suit filed by China Banking Corporation (China Bank) against Ever Electrical Manufacturing Company Inc. (Ever), the heirs of Go Tong, Vicente Go, George Go and petitioner Ng Meng Tam sometime in December 2008.  China Bank alleged that it granted Ever a loan amounting to P5,532,331.63.  The loan was allegedly backed by two surety agreements executed by Vic...
Read more

G.R. No. 230429 LARA'S GIFT AND DECORS, INC., Petitioner vs. PNB GENERAL INSURERS CO., INC. and UCPB GENERAL INSURANCE CO., INC., Respondents

 t HIRD DIVISION January 24, 2018 G.R. No. 230429 LARA'S GIFT AND DECORS, INC.,  Petitioner vs. PNB GENERAL INSURERS CO., INC. and UCPB GENERAL INSURANCE CO., INC. , Respondents D E C I S I O N VELASCO,JR.,  J.: Nature of the Case Before this Court is a petition for review under Rule 45 of the Rules of Court, seeking to reverse and set aside the March 6, 2017 Amended Decision 1  of the Court of Appeals (CA), Special Former Fifth Division, in CA-G.R. SP Nos. 138321 and 138774. The Amended Decision granted respondents' motions for the reconsideration of the December 21, 2015 Decision 2  of the CA's Former Fifth Division annulling and setting aside the Omnibus Orders dated October 1, 2014 and November 26, 2014 of the Regional Trial Court (RTC) of Makati City, Branch 14 7, in Civil Case No. 11-238. Factual Antecedents Petitioner Lara's Gifts and Decors, Inc. (LGDI) is engaged in the business of manufacturing, selling, and exporting various handicraft items and decor...
Read more