SECOND DIVISION
G.R. No. 214803, April 23, 2018
ALONA G. ROLDAN, Petitioner, v. SPOUSES CLARENCE I. BARRIOS AND ANNA LEE T. BARRIOS, ROMMEL MATORRES, AND HON. JEMENA ABELLAR ARBIS, IN HER CAPACITY AS PRESIDING JUDGE, BRANCH 6, REGIONAL TRIAL COURT, AKLAN, Respondents.
D E C I S I O N
PERALTA, J.:
Before us is a petition for certiorari assailing the Order1 dated July 22, 2014 issued by the Regional Trial Court (RTC), Branch 6, Kalibo, Aklan as well as the Order2 dated August 18, 2014 denying reconsideration thereof.
The antecedent facts are as follows:
On February 3, 2014, petitioner Alona G. Roldan filed an action3 for foreclosure of real estate mortgage against respondents spouses Clarence I. Barrios and Anna Lee T. Barrios and respondent Romel D. Matorres, docketed as Civil Case No. 9811. She alleged the following:
x x x xRespondents spouses Barrios filed their Answer5 with Special and Affirmative Defenses contending that the computation of their alleged loan obligation was not accurate; that they had filed with the RTC a petition for rehabilitation of a financially distressed individuals under Special Proceeding No. 9845, thus there is a need to suspend the foreclosure proceedings. On the other hand, respondent Matorres filed his Answer6 with Special and Affirmative Defenses admitting that the subject land was mortgaged to him; that he had also filed a judicial foreclosure case against respondents spouses Barrios pending with the RTC of Kalibo Aklan, Branch 6, docketed as Civil Case No. 9642; that petitioner had no cause of action against him as they did not have any transaction with each other; and prayed for damages and attorney's fees, and cross-claim against respondent spouses for moral damages.
2. That on October 13, 2008, defendants borrowed from plaintiff the sum of Two Hundred Fifty Thousand Pesos (P250,000.00), Philippine Currency, payable within the period of one (1) year from said date, with an interest thereon at the rate of 5% per month; and to secure the prompt and full payment of the principal and interest, defendants made and executed on October 13, 2008 a Deed of Real Estate Mortgage in favor of plaintiff upon a parcel of land and improvements thereon described as follows:
A parcel of land (Lot 5891-A-4) situated in Baybay, Makato, Aklan, containing an area of four hundred seventy-eight (478) square meters, more or less x x x declared in the name of Spouses Clarence Barrios and Anna Lee T. Barrios, assessed in the sum of P13,380.00, tax effectivity for the year 2008. Said land is covered by OCT No. P-5561 pt.
x x x
3. That the condition of said mortgage, as stated therein, is such, that if within the period of one year from October 13, 2008, the defendants shall pay or cause to be paid to the plaintiff, her heirs and assigns, the said sum of P250,000.00 together with the agreed interest, then the said mortgage shall be discharged; otherwise, it shall remain in full force and effect, to be enforceable in the manner provided by law.
4. That the time for payment of said loan is overdue and defendants failed and refused to pay both the principal obligation and the interest due starting from February 2011 to the present notwithstanding repeated demands;
5. That there are no other persons having or claiming interest in the mortgaged property except Romel D. Matorres whom plaintiff recently discovered that the defendants mortgaged again to the said person the same property subject of this suit for One Hundred Fifty Thousand Pesos, (P150,000.00) on June 11, 2012 x x x The said Romel D. Matorres is however a mortgagee in bad faith.
WHEREFORE, it is respectfully prayed that upon due notice and hearing, judgment be rendered ordering defendants SPS. CLARENCE I. BARRIOS and ANNA LEE T. BARRIOS:1. To pay unto the court within the reglementary period of ninety days the sum of P250,000.00 together with the stipulated interest at five percent (5%) per month starting from February 2011 to the present, plus the additional sum of P25,000.00 the total amount due for attorney's fees; litigation expenses and costs; and that in default of such payment, the above-mentioned property be ordered sold to pay off the mortgage debt and its accumulated interest;
2. To teach the defendants a lesson for having mortgaged the property subject of this suit without plaintiffs consent or knowledge, the defendants be ordered to pay the plaintiff the sum of P50,000.00 as exemplary damages.
3. That plaintiff be granted such other relief in law and equity.4
Civil Cases Nos. 9642 and 9811 are complaints for Foreclosure of Real Estate Mortgage that involved the same property, Lot 5891-A-4, situated in Baybay, Makato, Aklan, owned by Spouses Clarence Barrios and Anna Lee Barrios.Petitioner and respondent Matorres filed their respective motions for reconsideration.
It appearing from the complaint that the assessed value of the property mortgaged is only P13,380.00 and the instant cases being a real action, the assessed value of the property determines the jurisdiction.
The assessed value of the property involved being below P20,000.00, it is the first level court that has jurisdiction over the cases.
Premises considered, for lack of jurisdiction, Civil Cases Nos. 9642 and 9811 are ordered DISMISSED without prejudice.
SO ORDERED.7
x x x xRespondent Matorres' motion for reconsideration was also denied in an Order9 dated September 1, 2014.
Petitioner in her Motion argued that foreclosure of real estate mortgage is an action incapable of pecuniary estimation and jurisdiction lies with the Regional Trial Court.
Petitioner's argument is devoid of merit.
A petition for foreclosure of real estate mortgage is a real action and the assessed value of the property determines jurisdiction while location of the property determines the venue.
Premises considered, the Motion for Reconsideration is DENIED for lack of merit.
SO ORDERED.8
Sec. 19. Jurisdiction in civil cases. - Regional Trial Courts shall exercise exclusive original jurisdiction:and
1. In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
2. 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.
Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in civil cases. - Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:From the foregoing, the RTC exercises exclusive original jurisdiction in civil actions where the subject of the litigation is incapable of pecuniary estimation. It also has jurisdiction in civil cases involving title to, or possession of, real property or any interest in it where the assessed value of the property involved exceeds P20,000.00, and if it is below P20,000.00, it is the first level court which has jurisdiction. An action "involving title to real property" means that the plaintiffs cause of action is based on a claim that he owns such property or that he has the legal right to have exclusive control, possession, enjoyment, or disposition of the same.14x x x x
3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots.
In Singsong vs. Isabela Sawmill, we had the occasion to rule that:Clearly, the last paragraph clarified that while civil actions which involve title to, or possession of, real property, or any interest therein, are also incapable of pecuniary estimation as it is not for recovery of money, the court's jurisdiction will be determined by the assessed value of the property involved.
[I]n determining whether an action is one the subject matter of which is not capable of pecuniary estimation, this Court has adopted the criterion of first ascertaining the nature of the principal action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and whether jurisdiction is in the municipal courts or in the courts of first instance would depend on the amount of the claim. However, where the basic issue is something other than the right to recover a sum of money, where the money claim is purely incidental to, or a consequence of, the principal relief sought, this Court has considered such actions as cases where the subject of the litigation may not be estimated in terms of money, and are cognizable exclusively by courts of first instance (now Regional Trial Courts).
Examples of actions incapable of pecuniary estimation are those for specific performance, support, or foreclosure of mortgage or annulment of judgment; also actions questioning the validity of a mortgage, annulling a deed of sale or conveyance and to recover the price paid and for rescission, which is a counterpart of specific performance.
While actions under Sec. 33(3) of B.P. 129 are also incapable of pecuniary estimation, the law specifically mandates that they are cognizable by the MTC, METC, or MCTC where the assessed value of the real property involved does exceed P20,000.00 in Metro Manila, or P50,000.00, if located elsewhere. If the value exceeds P20,000.00 or P50,000.00 as the case may be, it is the Regional Trial Courts which have jurisdiction under Sec. 19(2). However, the subject matter of the complaint in this case is annulment of a document denominated as "DECLARATION OF HEIRS AND DEED OF CONFIRMATION OF PREVIOUS ORAL PARTITION."20
Endnotes:
* Acting Chief Justice per Special Order No. 2539 dated February 28, 2018.
1 Per Presiding Judge Jemena Abellar Arbis; rollo, p. 37.
2Id. at 41.
3Id. at 10-11.
4Id.
5Id. at 16-18.
6Id. at 25-30.
7Id. at 37.
8Id. at 41.
9Id. at 65.
10Mangaliag v. Judge Catubig-Pastoral, 510 Phil. 637, 645, citing Ouano v. PGTT International Investment Corporation, 433 Phil. 28, 34 (2002); Vergara, Sr. v. Suelto, 240 Phil. 719, 732 (1987).
11SSgt Pacoy v. Hon. Cajigal, 560 Phil. 599, 607 (2007); Mangaliag v. Catubig-Pastoral, 510 Phil. 637, 647 (2005).
12Heirs of Valeriano Concha, Sr. v. Sps. Lumocso, 564 Phil 581, 592-593, citing Republic v. Sangalang; 243 Phil. 46, 50 (1988).
13Id., citing Philippine Association of Free Labor Unions, et al. v. Padilla, et al., 106 Phil. 591 (1959), citing Perkins v. Roxas, 72 Phil. 514 (1941).
14Heirs of Generoso Sebe, et al., v. Heirs of Veronica Sevilla, et al., 618 Phil. 395, 407 (2009).
15Equitable PCI Bank, Inc. v. Fernandez, et al., 623 Phil. 343, 349 (2009), citing China Banking Corporation v. Court of Appeals, 333 Phil. (1996).
16Id. at 349-350, citing Producers Bank of the Philippines v. Court of Appeals, 417 Phil. 646, 656 (2001).
17Id., citing Union Bank of the Philippines v. Court of Appeals, 370 Phil. 837, 846-847 (1999).
18Banco Español-Filipino v. Palanca, 37 Phil. 921, 928-929 (1918).
19 364 Phil. 392 (1999).
20Id. at 400-401, (Citations omitted)