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    Jurisdiction Quieting of Title

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    MEL JUN DIASANTA
    This document discusses jurisdiction over actions to quiet title. It explains that an action to quiet title, authorized under the Civil Code, is similar to a declaratory relief action as both result in adjudicating legal rights without needing to enforce the judgment. While an action to quiet title may be filed in Regional Trial Court under the Rules of Court, the Judiciary Reorganization Act uses mandatory language stating Municipal Trial Courts have exclusive original jurisdiction over cases involving title to real property valued under 20,000 pesos. As the property in question was valued at only 410 pesos, the appropriate court is the Municipal Trial Court, not the Regional Trial Court.

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    Jurisdiction Quieting of Title

    Uploaded by

    MEL JUN DIASANTA
    111 views1 page
    This document discusses jurisdiction over actions to quiet title. It explains that an action to quiet title, authorized under the Civil Code, is similar to a declaratory relief action as both result in adjudicating legal rights without needing to enforce the judgment. While an action to quiet title may be filed in Regional Trial Court under the Rules of Court, the Judiciary Reorganization Act uses mandatory language stating Municipal Trial Courts have exclusive original jurisdiction over cases involving title to real property valued under 20,000 pesos. As the property in question was valued at only 410 pesos, the appropriate court is the Municipal Trial Court, not the Regional Trial Court.

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    Quieting of Title

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    This document discusses jurisdiction over actions to quiet title. It explains that an action to quiet title, authorized under the Civil Code, is similar to a declaratory relief action as both result in adjudicating legal rights without needing to enforce the judgment. While an action to quiet title may be filed in Regional Trial Court under the Rules of Court, the Judiciary Reorganization Act uses mandatory language stating Municipal Trial Courts have exclusive original jurisdiction over cases involving title to real property valued under 20,000 pesos. As the property in question was valued at only 410 pesos, the appropriate court is the Municipal Trial Court, not the Regional Trial Court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    111 views1 page

    Jurisdiction Quieting of Title

    Uploaded by

    MEL JUN DIASANTA
    This document discusses jurisdiction over actions to quiet title. It explains that an action to quiet title, authorized under the Civil Code, is similar to a declaratory relief action as both result in adjudicating legal rights without needing to enforce the judgment. While an action to quiet title may be filed in Regional Trial Court under the Rules of Court, the Judiciary Reorganization Act uses mandatory language stating Municipal Trial Courts have exclusive original jurisdiction over cases involving title to real property valued under 20,000 pesos. As the property in question was valued at only 410 pesos, the appropriate court is the Municipal Trial Court, not the Regional Trial Court.

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    JURISDICTION OVER QUIETING OF TITLE:

    Posted on: October 3rd, 2016 by admin No Comments


    AN ACTION FOR DECLARATORY RELIEF SHOULD BE FILED BY A PERSON
    INTERESTED UNDER A DEED, A WILL, A CONTRACT OR OTHER WRITTEN
    INSTRUMENT, AND WHOSE RIGHTS ARE AFFECTED BY A STATUTE, AN EXECUTIVE
    ORDER, A REGULATION OR AN ORDINANCE. The relief sought under this remedy
    includes the interpretation and determination of the validity of the written instrument and the
    judicial declaration of the parties rights or duties thereunder. The Court correctly made a
    distinction between the first and the second paragraphs of Section 1, Rule 63 of the Rules of
    Court. The first paragraph of Section 1, Rule 63 of the Rules of Court, describes the general
    circumstances in which a person may file a petition for declaratory relief, x x x may be brought
    before the appropriate RTC.
    The second paragraph of Section 1, Rule 63 of the Rules of Court specifically refers to (1)
    an action for the reformation of an instrument, recognized under Articles 1359 to 1369 of the
    Civil Code; (2) an action to quiet title, authorized by Articles 476 to 481 of the Civil Code; and
    (3) an action to consolidate ownership required by Article 1607 of the Civil Code in a sale with
    a right to repurchase. These three remedies are considered similar to declaratory relief
    because they also result in the adjudication of the legal rights of the litigants, often without
    the need of execution to carry the judgment into effect. x x x It is important to note that Section
    1, Rule 63 of the Rules of Court does not categorically require that an action to quiet title be
    filed before the RTC. It repeatedly uses the word may that an action for quieting of title
    may be brought under [the] Rule on petitions for declaratory relief, and a person desiring to
    file a petition for declaratory relief may x x x bring an action in the appropriate Regional Trial
    Court. The use of the word may in a statute denotes that the provision is merely permissive
    and indicates a mere possibility, an opportunity or an option.
    In contrast, the mandatory provision of the Judiciary Reorganization Act of 1980, as
    amended, uses the word shall and explicitly requires the MTC to exercise exclusive original
    jurisdiction over all civil actions which involve title to or possession of real property where the
    assessed value does not exceed P20,000.00. As found by the RTC, the assessed value of
    the subject property as stated in Tax Declaration No. 02-48386 is only P410.00; therefore,
    petitioners Complaint involving title to and possession of the said property is within the
    exclusive original jurisdiction of the MTC, not the RTC. (MALANA vs. TAPPA [2009]).

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