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    Civpro - Genesis Investment - Digest

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    Rex Atabay Tadena
    This case involves a dispute over ownership of a parcel of land with an assessed value of ₱11,990. The heirs of Ceferino Ebarasabal filed a complaint against Genesis Investment, Inc., Cebu Jaya Realty Inc., and the Spouses Rhodora and Lambert Lim seeking (1) a declaration of nullity of documents related to the land, (2) recovery of their shares, (3) partition of the property, and (4) damages and attorney's fees. The defendants claimed the case should be heard by the municipal trial court due to the property value, but the Supreme Court ruled the regional trial court had jurisdiction because the primary issues were beyond property ownership and involved determining the

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    Civpro - Genesis Investment - Digest

    Uploaded by

    Rex Atabay Tadena
    38 views2 pages
    This case involves a dispute over ownership of a parcel of land with an assessed value of ₱11,990. The heirs of Ceferino Ebarasabal filed a complaint against Genesis Investment, Inc., Cebu Jaya Realty Inc., and the Spouses Rhodora and Lambert Lim seeking (1) a declaration of nullity of documents related to the land, (2) recovery of their shares, (3) partition of the property, and (4) damages and attorney's fees. The defendants claimed the case should be heard by the municipal trial court due to the property value, but the Supreme Court ruled the regional trial court had jurisdiction because the primary issues were beyond property ownership and involved determining the

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    CIVPRO_GENESIS INVESTMENT_DIGEST

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    This case involves a dispute over ownership of a parcel of land with an assessed value of ₱11,990. The heirs of Ceferino Ebarasabal filed a complaint against Genesis Investment, Inc., Cebu Jaya Realty Inc., and the Spouses Rhodora and Lambert Lim seeking (1) a declaration of nullity of documents related to the land, (2) recovery of their shares, (3) partition of the property, and (4) damages and attorney's fees. The defendants claimed the case should be heard by the municipal trial court due to the property value, but the Supreme Court ruled the regional trial court had jurisdiction because the primary issues were beyond property ownership and involved determining the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views2 pages

    Civpro - Genesis Investment - Digest

    Uploaded by

    Rex Atabay Tadena
    This case involves a dispute over ownership of a parcel of land with an assessed value of ₱11,990. The heirs of Ceferino Ebarasabal filed a complaint against Genesis Investment, Inc., Cebu Jaya Realty Inc., and the Spouses Rhodora and Lambert Lim seeking (1) a declaration of nullity of documents related to the land, (2) recovery of their shares, (3) partition of the property, and (4) damages and attorney's fees. The defendants claimed the case should be heard by the municipal trial court due to the property value, but the Supreme Court ruled the regional trial court had jurisdiction because the primary issues were beyond property ownership and involved determining the

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    G.R. No.

    181622               November 20, 2013

    GENESIS INVESTMENT, INC., CEBU JAYA REALTY INC., and SPOUSES


    RHODORA and LAMBERT LIM, Petitioners,
    vs.
    HEIRS of CEFERINO EBARASABAL,*

    FACTS:

    On November 12, 2003, herein respondents filed against herein petitioners a


    Complaint3 for Declaration of Nullity of Documents, Recovery of Shares, Partition,
    Damages and Attorney's Fees. The Complaint was filed with the Regional Trial Court
    (RTC) of Barili, Cebu.

    On August 5, 2004, herein petitioners filed a Motion to Dismiss4 contending, among


    others, that the RTC has no jurisdiction to try the case on the ground that, as the case
    involves title to or possession of real property or any interest therein and since the
    assessed value of the subject property does not exceed ₱20,000.00 (the same being
    only ₱11,990.00), the action falls within the jurisdiction of the Municipal Trial Court
    (MTC).

    HELD:

    It is true that one of the causes of action of respondents pertains to the title, possession
    and interest of each of the contending parties over the contested property, the assessed
    value of which falls within the jurisdiction of the MTC. However, a complete reading of
    the complaint would readily show that, based on the nature of the suit, the allegations
    therein, and the reliefs prayed for, the action is within the jurisdiction of the RTC.

    As stated above, it is clear from the records that respondents' complaint was for
    "Declaration of Nullity of Documents, Recovery of Shares, Partition, Damages and
    Attorney's Fees." In filing their Complaint with the RTC, respondents sought to recover
    ownership and possession of their shares in the disputed parcel of land by questioning
    the due execution and validity of the Deed of Extrajudicial Settlement with Sale as well
    as the Memorandum of Agreement entered into by and between some of their co-heirs
    and herein petitioners. Aside from praying that the RTC render judgment declaring as
    null and void the said Deed of Extrajudicial Settlement with Sale and Memorandum of
    Agreement, respondents likewise sought the following: (1) nullification of the Tax
    Declarations subsequently issued in the name of petitioner Cebu Jaya Realty, Inc.; (2)
    partition of the property in litigation; (3) reconveyance of their respective shares; and (3)
    payment of moral and exemplary damages, as well as attorney's fees, plus appearance
    fees.1âwphi1

    Clearly, this is a case of joinder of causes of action which comprehends more than the
    issue of partition of or recovery of shares or interest over the real property in question
    but includes an action for declaration of nullity of contracts and documents which is
    incapable of pecuniary estimation

    the criterion of first ascertaining the nature of the principal action or remedy
    sought

    In 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 by courts of first instance [now Regional Trial Courts].

    Well entrenched is the rule that jurisdiction over the subject matter of a case is
    conferred by law and is determined by the allegations in the complaint and the character
    of the relief sought, irrespective of whether the party is entitled to all or some of the
    claims asserted.

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