28

matter of litigation is incapable of pecuniary estimation and properly cognizable exclusively by the
RTC under Sec. 19(1) of BP Blg. 129, as amended by RA No. 7691 (Bokingo vs. CA 489 SCRA 521).
An action for injunction is within the jurisdiction of the RTC being an action incapable of pecuniary
estimation. (Bar 1997).
An action for replevin of a motorcycle valued at P150,000.00 is capable of pecuniary estimation. The
basis of jurisdiction is the value of the personal property sought to be recovered. The amount of
P150,000.00 falls within the jurisdiction of the MTC. (Bar 1997).
An action for interpleader is capable of pecuniary estimation. If the subject of interpleader is real
property, then the jurisdictional amount is determined by the assessed value of the land. If it be
personal property, then the value of the property.
Hence, an action of interpleader to determine who between the defendants is entitled to receive the
amount of P190,000.00 from the plaintiff is within the jurisdiction of the MTC (Bar 1997; Makati
Development Corporation vs. Tanjuatco 27 SCRA 401).
[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 P20,000 or for civil actions in Metro
Manila, where such value exceeds P50,000 except actions for forcible entry into and unlawful detainer
of lands and buildings; original jurisdiction over which is conferred upon the Metropolitan Trial
Courts, Municipal Circuit Trial Courts;
So in all real actions outside of forcible entry and unlawful detainer, jurisdiction is determined by the
assessed value of the real property subject thereof.
What is a real action?
It is one affecting title to or possession of real property, or interest therein. (Sec. 1, Rule 4)
Examples: would be accion publiciana (an action to recover possession of real property), accion
reinvidicatoria (action to recover ownership of real property), quieting of title, provided the assessed
value of the property exceeds P20,000.00.
So, for a lesser value, MTC has jurisdiction. This is why MTCs now have jurisdiction over accion
publiciana when the value of the property is P20,000 or less.
In forcible entry and unlawful detainer, jurisdiction lies with the MTC regardless of the assessed value.
Now, if in Metro Manila, the value is P50,000.
[3] In all civil actions in admiralty and maritime jurisdiction where the demand or claim exceeds One
Hundred Thousand pesos (P100,00.00) [now PhP 300,000.00] or, in Metro Manila, where such
demand or claim exceeds Two Hundred Thousand pesos (P200,000.00)[now, PhP 400,000].
EXAMPLE: The shipper will ship to you goods involving a common carrier and while in transit, the
goods are lost or they are totally damaged. You would like to file a claim or a case against the carrier,
what kind of a case is it? That is an admiralty or maritime case.
Q: In which court will you file it?

A: It depends on how much is your claim. If your claim of the damaged or lost cargo exceeds P300,000,
then, RTC; if it is P300,000 or less, MTC. In Metro Manila, the jurisdictional amount is higher – it
should be over P400,000.
RA 7691, Sec. 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts
mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this
Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00):
Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional amounts
shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos
(P400,000,00).
[4] In all matters of probate, both testate and intestate, where the gross value of the estate exceeds
One Hundred Thousand pesos (P100,000.00) [now php300,000] or, in probate matters in Metro
Manila, where such gross value exceeds Two Hundred Thousand pesos (P200,000.00) [now P400,000].
In the subject of Wills and Succession, when a person dies, his estate, his property will be settled for
the benefit of his creditors and heirs. That is what you call either as testate or intestate proceedings
depending on whether the deceased left a will or none.
If there are debts due the decedent, thus, payable by his/her estate, settlement would mean
liquidation, which includes inventory of all the assets and obligations payable, payment of the debts,
then distribution of the residue to the heirs. This is done by the court thru an administrator appointed
by it or thru the executor appointed by the decedent.

28

Uploaded by

Copyright:

Available Formats

28

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

28

Uploaded by

Copyright:

Available Formats

matter of litigation is incapable of pecuniary estimation and properly cognizable exclusively by the

What is a real action?

Now, if in Metro Manila, the value is P50,000.

Q: In which court will you file it?

You might also like