0 evaluări0% au considerat acest document util (0 voturi)
42 vizualizări1 pagină
The City of Dumaguete filed an application for original registration of title over a parcel of land located in the city. The Republic of the Philippines and the Philippine Ports Authority (PPA) filed oppositions. The PPA then filed a motion to dismiss arguing the regional trial court (RTC) lacked jurisdiction. The RTC granted the motion and dismissed the case. However, the Court of Appeals set aside the RTC's decision. The issues is whether the RTC's dismissal for lack of jurisdiction was correct. The Supreme Court held that the dismissal was erroneous, as jurisdiction over land registration applications remains with the RTC where the land is located. The nature of the action and relief sought determines the court's jurisdiction, not arguments about jurisdiction
The City of Dumaguete filed an application for original registration of title over a parcel of land located in the city. The Republic of the Philippines and the Philippine Ports Authority (PPA) filed oppositions. The PPA then filed a motion to dismiss arguing the regional trial court (RTC) lacked jurisdiction. The RTC granted the motion and dismissed the case. However, the Court of Appeals set aside the RTC's decision. The issues is whether the RTC's dismissal for lack of jurisdiction was correct. The Supreme Court held that the dismissal was erroneous, as jurisdiction over land registration applications remains with the RTC where the land is located. The nature of the action and relief sought determines the court's jurisdiction, not arguments about jurisdiction
The City of Dumaguete filed an application for original registration of title over a parcel of land located in the city. The Republic of the Philippines and the Philippine Ports Authority (PPA) filed oppositions. The PPA then filed a motion to dismiss arguing the regional trial court (RTC) lacked jurisdiction. The RTC granted the motion and dismissed the case. However, the Court of Appeals set aside the RTC's decision. The issues is whether the RTC's dismissal for lack of jurisdiction was correct. The Supreme Court held that the dismissal was erroneous, as jurisdiction over land registration applications remains with the RTC where the land is located. The nature of the action and relief sought determines the court's jurisdiction, not arguments about jurisdiction
On October 14, 1998, petitioner City of Dumaguete, through Mayor Felipe Antonio B. Remollo (Remollo), filed before the RTC an Application for Original Registration of Title over a parcel of land with improvements, located at Barangay Looc, City of Dumaguete (subject property), under the Property Registration Decree. assessed at P676,250, Philippine currency, with market value of P1,352,500.00, Philippine currency. The Republic of the Philippines, represented by the Director of Lands, and respondent, filed separate Oppositions to the application for registration of petitioner. However, before the next hearing, respondent filed a Motion to Dismiss, seeking the dismissal of LRC Case No. N-201 on the ground that the RTC lacked jurisdiction to hear and decide the case. RTC issued an Order granting the Motion to Dismiss and that the instant application for original registration is dismissed for lack of merit. RTC denied the motion of respondent. CA set aside RTCs decision. Hence this petition for review. Issue: WON dismissal by the RTC for lack of jurisdiction is correct Held: The dismissal by the RTC of LRC Case No. N-201 for lack of jurisdiction is patently erroneous. What determines the jurisdiction of the court is the nature of the action pleaded as appearing from the allegations in the complaint. The averments therein and the character of the relief sought are the ones to be consulted. Batas Pambansa Blg. 129, otherwise known as The Judiciary Reorganization Act of 1980, created the RTC1[35] in place of the CFI. Presently, jurisdiction over an application for land registration remains with the RTC where the land is situated, except when such jurisdiction is delegated by the Supreme Court to the Metropolitan Trial Court, Municipal Trial Courts, and Municipal Circuit Trial Courts under certain circumstances.