DISPOSITIVE:

WHEREFORE, the instant Petition for Review is hereby
DENIED. The Decision dated November 16, 2020, and the Resolution
dated June 16, 2021, of the Court of Appeals in CA-G.R. CV No. 113846
which affin11ed the Resolution dated !v1arch 18, 2019, and the Order dated
July 29, 2019, of Branch 97 of the Regional Trial Court of Quezon City
dismissing the complaint in Ci vi1 CEse No. 13–01126 are hereby
AFFIRMED.

SUBJECTS/DOCTRINES/DIGEST:

On this score, the CA did not err in affirming the RTC’s dismissal
of the case for lack of jurisdiction on the ground of the failure of
petitioner-spouses to allege the assessed value of the mortgaged properties
subject of their complaint.57 The failure meant the RTC would lack any
basis to determine which court could validly take cognizance of the cause
of action. 58


It bears stressing that under Sections 19 and 33 of BP 129, as
amended by RA 7691, both the first-level comis and the second-level
courts exercise original jurisdiction over actions involving title to or
possession of real property or any interest therein; however, it is the
assessed value of the realty involved that points out which couii shall
acquire exclusive jurisdiction over a real action, as in the case.

The law is explicit that the jurisdiction of the court in real actions
is detennined by its assessed value, which “contemplates a more
conservative and stable method of valuation that is based on a standard
mechanism (multiplying the fair market value by the assessment level)
conducted by the local assessors.” The assessed value of the subject
property must be averred in the complaint; otherwise, “it cannot be
ascertained which trial court shall exercise exclusive jurisdiction over the
action.”59

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scd-2023-0019-spouses-fortunato-g.-veloso-and-adeline-c.-veloso-vs.-banco-de-oro-unibank-inc.-clerk-of-court-and-ex-officio-sheriff-and-johh-doeDownload

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