Genoveva Gabrillo vs Heirs of Olimpio Pastor

G.R. No. 234255 – 864 Phil. 261 – Civil Law – Law on Property – Remedy to Recover Land Erroneously / Fraudulently Included in Another’s Title; Action for Reconveyance

Remedial Law – Civil Procedure – Jurisdiction; Action for Reconveyance – Assessed Value vs Market Value

In 1967, Olimpio Pastor sold his land to Ernesto Cadiente. In 1991, Ernesto sold the same lot to Genoveva Gabrillo.

The children of Olimpio knew about the previous sale but despite that, they registered the lot in their name. Subsequently, an original certificate of title was issued to the heirs of Olimpio.

Gabrillo then filed an action for reconveyance against the heirs of Olimpio; she alleged that the heirs were merely holding the lot in trust for her. In her complaint, Gabrillo failed to allege the assessed value of the subject property. She merely alleged the market value. She filed the case with the regional trial court.

ISSUE: Whether or not the regional trial court acquired jurisdiction.

HELD: No. Failure to allege the assessed value renders the RTC unable to determine jurisdiction. Jurisdiction is conferred by law. Prevailing law at the time of the filing of the action provides that jurisdiction was determined by the assessed value: RTC has jurisdiction if assessed value exceeds Php20,, otherwise, MTC has jurisdiction.

But the market value was alleged, is that not sufficient?

No. Basis must be the assessed value as per requirement of law (B.P Blg. 129, as amended).

Is there any exception?

Yes. Even if the assessed value was not alleged in the complaint but the tax declaration was attached to the complaint, that is considered as a compliance to the jurisdictional requirement. However, in this case, Gabrillo failed to attach the tax declaration of the subject property.

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