CHARITY CIANO

No. 470 Bonifacio Global Bldg.

Baguio City, Philippines, 2600
(+63) 905 926 6781
cdc@yahoo.com

February 11, 2018

WENDY BALANBAN
No. 123 Buyagan, Poblacion
Benguet, Philippines 2601

Greetings!

Dear Ms. Balanban,

I am writing to you this letter with regards to your case involving the
gathering of possession of a parcel of land. I understand that there is an
overlap between your 800sq.m. parcel of land with an assessed value of
P40,000.00 and the 300sq.m. property of B with an assessed value of
P15,000.00. While the overlapped portion has a 100sq.m. with an assessed
value of P5,000.00. It is in my opinion that the case should be filed in the
Municipal Trial Court where the property is located because under the case of
Laresma v. Abellana, G.R. No. 140973, November 11, 2004, 442 SCRA 156,
a complaint must allege the assessed value of the real property subject of
the complaint or the interest thereon to determine which court has
jurisdiction over the action. This is because the nature of the action and
which court has original and exclusive jurisdiction over the same is
determined by the material allegations of the complaint, the type of relief
prayed for by the plaintiff and the law in effect when the action is filed,
irrespective of whether the plaintiffs are entitled to some or all of the claims
asserted therein.

In the case of Hilario v. Salvador, G.R. No. 160384. April 29, 2005, the court
also held that the jurisdiction of the court over an action involving title to or
possession of land is now determined by the assessed value of the said
property and not the market value thereof. The assessed value of real property
is the fair market value of the real property multiplied by the assessment
level.

In another case (Quinagoran v. Austria-Martinez, G.R. NO. 155179 August

24, 2007), the court held that under Republic Act No. 7691which
amended Batas Pambansa Blg. 129 and which was already in effect when
respondents filed their complaint with the RTC, expressly provides:

SEC. 19. Jurisdiction in civil cases Regional Trial Courts shall

exercise exclusive original jurisdiction:
xxxx
(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 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.
xxxx
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:
xxxx
(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 or 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.(Emphasis supplied)

Moreover, in the case of Atuel v. Valde, G.R. No. 139561. June 10, 2003 the
Court likewise expressly stated that:
 If the assessed value of the real property involved does not
exceed P50,000.00 in Metro Manila, and P20,000.00 outside of
Metro Manila, the municipal trial court exercises jurisdiction
over actions to recover possession of real property.

It was ruled that the MTC, and not the RTC had jurisdiction over the
action of the petitioners since the case involved title to or possession of
real property with an assessed value of less than P20,000.00. (Aliabo v.
Carampatan, G.R. No. 128922, 16 March 2001, 354 SCRA 548)

Therefore, as a conclusion, the case must be filed in the Municipal

Trial Court because as stated by law, the assessed value of the real
property subject of the complaint or the interest thereon must be
alleged to determine which court has jurisdiction over the action. In
relation to your case, the property involved, which is the subject of the
complaint, is the 100sq.m. overlapped portion that has an assessed
value of P5,000.00. Under SEC. 33. of Batas Pambansa Blg. 129 as
amended by Republic Act No. 7691, the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall
exercise x 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 or whatever kind, attorney's fees, litigation expenses and
costs: x x x x.

Hence, the Municipal Trial Court has jurisdiction over the case.

I hope that this letter would help you and give you legal basis
regarding your case.

Thank you very much and more power.

CHARITY CIANO