Barangay San Roque v. Heirs of Pastor, GR 138896 June 20, 2000

Barangay San Roque v.  Heirs of Pastor, GR 138896 June 20, 2000

Summary: Barangay San Roque of Talisay, Cebu filed a complaint to expropriate the property of Pator with MTC. The MTC dismissed the Complaint on the ground of lack of jurisdiction. It reasoned that “The principal cause of action is the exercise of the power of eminent domain. The fact that the action also involves real property is merely incidental. An action for eminent domain is therefore within the exclusive original jurisdiction of the Regional Trial Court.” This was then filed to RTC but was dismissed, holding that an action for eminent domain affected title to real property; hence, the value of the property to be expropriated would determine whether the case should be filed before the MTC or the RTC. The property value was less than 20k and should be filed with MTC.

FACTS OF THE CASE:

Petitioner filed before the Municipal Trial Court (MTC) of Talisay, Cebu a Complaint to expropriate a property of the respondents. In an Order dated April 8, 1997, the MTC dismissed the Complaint on the ground of lack of jurisdiction. It reasoned that an action for eminent domain is within the exclusive original jurisdiction of the RTC and not with MTC.

The RTC also dismissed the Complaint when filed before it, holding that an action for eminent domain affected title to real property; hence, the value of the property to be expropriated would determine whether the case should be filed before the MTC or the RTC.  It appears from the current Tax Declaration of the land involved that its assessed value is only P1,740.00. Pursuant to Section 3, paragraph (3), of Republic Act No. 7691, all civil actions involving title to, or possession of, real property with an assessed value of less than P20,000.00 are within the exclusive original jurisdiction of the MTCs. In the case at bar, it is within the exclusive original jurisdiction of the MTC of Talisay, Cebu, where the property involved is located.

Petitioner appealed directly to this Court, raising a pure question of law. 

ISSUE: Whether or not the action for eminent domain is within the jurisdiction of the MTC?

RULING:

The Court ruled that the action for eminent domain is within the jurisdiction of the RTC.  In the present case, an expropriation suit does not involve the recovery of a sum of money but it deals with the exercise by the government of its authority and right to take private property for public use. The subject of an expropriation suit is the government’s exercise of eminent domain, a matter that is incapable of pecuniary estimation.  The value of the property to be expropriated is estimated in monetary terms, for the court is duty-bound to determine the just compensation for it.  However, this is merely incidental to the expropriation suit.  The amount is determined only after the court is satisfied with the propriety of the expropriation.

In Republic of the Philippines v. Zurbano, the Court held that "condemnation proceedings are within the jurisdiction of Courts of First Instance," the forerunners of the RTCs. The said case was decided during the effectivity of the Judiciary Act of 1948 which, like BP 129 in respect to RTCs, provided that courts of first instance had original jurisdiction over "all civil actions in which the subject of the litigation is not capable of pecuniary estimation."  The 1997 amendments to the Rules of Court were not intended to change these jurisprudential precedents.

Also, the Court is not persuaded by respondents’ argument that the present action involves the title to or possession of a parcel of land. They cite the observation of retired Justice Jose Y. Feria, an eminent authority in remedial law, that condemnation or expropriation proceedings are examples of real actions that affect the title to or possession of a parcel of land.  Their reliance is misplaced.  Justice Feria sought merely to distinguish between real and personal actions. His discussion on this point pertained to the nature of actions, not to the jurisdiction of courts. In fact, in his pre-bar lectures, he emphasizes that jurisdiction over eminent domain cases is still within the RTCs under the 1997 Rules.

WHEREFORE, the Petition is hereby GRANTED and the assailed Orders SET ASIDE. The Regional Trial Court is directed to HEAR the case. No costs.