Jurisdiction of Courts Flashcards

1
Q

Remedial Law 2018 Ib

Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle’s property, which is located in Digos City, Davao del Sur, has an assessed value of PhP 25,000. Appended to the complaint was Danielle’s certification on non-forum shopping executed in Davao City duly notarized by Atty. Dane Danoza, a notary public.

(b) Was the action properly instituted before the RTC of Davao City?

A

No. Batas Pambansa Blg. 129 vests the Municipal Trial Court with the exclusive jurisdiction over unlawful detainer cases, regardless of the assessed value of the property; hence, the action was wrongfully instituted with the RTC.

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