Wednesday, July 4, 2012

THE METC CAN NOW ASSUME JURISDICTION OVER ACCION PUBLICIANA CASES:


Under Batas Pambansa Blg. 129, otherwise known as the Judiciary Reorganization Act of 1980, the plenary action of accion publiciana must be brought before regional trial courts (Bernardo v. Heirs of Villegas, G.R. No. 183357, 15 March 2010). However, with the modifications introduced by Republic Act No. 7691, the jurisdiction of Regional Trial Courts (RTC) has been limited to real actions where the assessed value exceeds P20,000.00 or P50,000.00 if the action is filed in Metro Manila. If the assessed value is below the said amounts, the action must be brought before first level courts.  Clearly, the subject lot, with an assessed value below the jurisdictional limit of P50,000.00 for Metro Manila, comes within the exclusive original jurisdiction of the MeTC under BP 129, as amended. (BF CITILAND CORPORATION vs. MARILYN B. OTAKE, G.R. No. 173351, July 29, 2010, CARPIO, J.).

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