G.R. NO.

155179 August 24, 2007

VICTORINO QUINAGORAN, Petitioner, vs. COURT OF APPEALS and

THE HEIRS OF JUAN DE LA CRUZ, Respondents.

AUSTRIA-MARTINEZ, J.:

FACTS:

The heirs of Juan dela Cruz filed a complaint for recovery of a parcel of
land with damages before RTC of Cagayan against Quinagoran.

Quinagoran filed a Motion to Dismiss claiming that the RTC has no

jurisdiction over the case under R.A. No. 7691, which expanded the
exclusive original jurisdiction of the MTC to include all civil actions which
involve title to, or possession of, real property, or any interest therein which
does not exceed P20,000.00. He argued that since the 346 sq m lot which
he owns adjacent to the contested property has an assessed value of
P1,730, the assessed value of the lot under controversy would not be more
than the said amount.

The RTC denied petitioner's Motion to Dismiss on the basis that the action
is accion publicciana and therefore, its jurisdiction lies in the RTC,
regardless of the value of the property. The CA affirmed decision of the
RTC.

Petitioner appealed to the Supreme Court claiming that under RA 7691, the
jurisdiction falls in the MTC. He likewise avers that it is an indispensable
requirement that the complaint should allege the assessed value of the
property involved. The complaint does not alleged that the assessed value
of the land in question is more than P20,000.00. There was also no tax
declaration attached to the complaint to show the assessed value of the
property. Respondents, therefore, failed to alleged that the RTC has
jurisdiction over the case.

ISSUES:

1. Whether or not the RTC has jurisdiction over all cases of recovery of
possession regardless of the value of the property involved
2. Whether or not the complaint must allege the assessed value of the
property

RULING:

1. No. The doctrine that all cases of recovery of possession or accion

publiciana lies with the RTC regardless of the value of the property -- no
longer holds true. As things now stand, a distinction must be made
between those properties the assessed value of which is below
P20,000.00, if outside Metro Manila; and P50,000.00, if within.

Republic Act No. 7691 expressly provides:

SEC. 19. Jurisdiction in civil cases – Regional Trial Courts shall exercise
exclusive original jurisdiction:

(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.

In Atuel v. Valdez (G.R. No. 139561, June 10, 2003, 403 SCRA 517), the
Court likewise expressly stated that: Jurisdiction over an accion publiciana
is vested in a court of general jurisdiction. Specifically, the regional trial
court exercises exclusive original jurisdiction “in all civil actions which
involve x x x possession of real property.” However, 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.

2. Yes. In no uncertain terms, the Court has already held that 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.

Nowhere in said complaint was the assessed value of the subject property
ever mentioned. There is therefore no showing on the face of the complaint
that the RTC has exclusive jurisdiction over the action of the respondents.
Indeed, absent any allegation in the complaint of the assessed value of the
property, it cannot be determined whether the RTC or the MTC has original
and exclusive jurisdiction over the petitioner's action. The courts cannot
take judicial notice of the assessed or market value of the land.

Jurisdiction of the court does not depend upon the answer of the defendant
or even upon agreement, waiver or acquiescence of the parties. Indeed,
the jurisdiction of the court over the nature of the action and the subject
matter thereof cannot be made to depend upon the defenses set up in the
court or upon a motion to dismiss for, otherwise, the question of jurisdiction
would depend almost entirely on the defendant.

Considering that the respondents failed to allege in their complaint the

assessed value of the subject property, the RTC seriously erred in denying
the motion to dismiss. Consequently, all proceedings in the RTC are null
and void, and the CA erred in affirming the RTC.