Comparison R37, 38, 47

Question 1

A filed a case for the quieting of title in the MTC, seeking to be declared the rightful owner of a piece of land. Despite the fact that the correct court to hear such cases is the Regional Trial Court (RTC), the MTC proceeded to hear the case and eventually rendered a decision in favor of A, declaring A as the rightful owner of the property. The judgment became final and executory.

B, who knew that the MTC had no jurisdiction over cases involving quieting of title, chose not to participate in the proceedings. Later, a separate expropriation case initiated by the government involving the property of B relying on the recent MTC ruling in favor of A

, B collaterally attacked the MTC’s decision, asserting that it was void due to lack of jurisdiction.

Question: What is the proper remedy for B in this situation?

Answer 1

The remedy for Mr. B is a collateral attack.

In the case, the judgment was final and executory so no MR/NT/AP can be had. B can raise that MTC had no JD over his property as only the RTC is cognizable for quieting of title cases.

Question 2

Enumerate Cases where Multiple Appeals may be had.

Answer 2

1. Several (s4) & Separate (s5) Judgments (R36)
2. Spec Pro (R40, R109)
3. Action for Recovery of Property w/ accounting
4. Action for Partition of Property w/ accounting
5. Special Civil Action of Eminent Domain
6. Foreclosure of Mortgage

Question 3

A filed against B & C for a joint obligation of 10 million. B filed an answer and C filed his own answer saying it was condoned.

To this effect, B may file his own appeal and C may not.

How long is the period of appeal in this case?

Answer 3

30 calendar days

Question 4

When is filing an MR beyond the period of appeal?

Answer 4

[GEN] is that a MR cannot be filed beyond the period of appeal

[EXC] is when the MR is not directed against the judgment but on an interlocutory order.

[EXC-EXC] when the MR against interlocutory order is a meritorious motion is governed by continuous trial of criminal cases where it shall only be [5 c.days] from the approval thereof.

TN:

Question 5

When is it prohibited to file an MR on the judgment?

Answer 5

1. cases governed by summary procedure
2. small claims cases
3. forcible entry
4. unlawful detainer
5. petition for writ of amparo [or] writ of habeas data

Question 6

When is it prohibited to file an NT on the judgment?

Answer 6

1. summary procedure
2. small claims
3. unlawful detainer
4. forcible entry

Question 7

Douglas obtained a loan from MetroBank in 1972, secured by a chattel mortgage. Due to his failure to pay, MetroBank filed a complaint for sum of money and replevin in 1974. The RTC issued an Order of Replevin, but Douglas contested this up to the Court of Appeals (CA), which nullified the RTC’s orders. MetroBank’s petition for review was dismissed by the Supreme Court in 1999, affirming the CA’s decision.

In 2009, Douglas filed a petition for revival of judgment with the CA, arguing that MetroBank abandoned its claim. Which court has jurisdiction over the petition for revival of judgment?

Answer 7

The court with the proper JD is the RTC.

Action for Revival of Judgment is an action incapable of pecuniary estimation. BP 129 S19 provides that RTC shall have exclusive original JD on all civil actions in which the subject of the litigation is incapable of pecuniary expenses.