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    4 - Aboitiz V Po

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    Phoebe Balubar
    The document summarizes a land dispute case between the Spouses Po and Spouses Aboitiz over ownership of a parcel of land in Mandaue City. The Regional Trial Court originally ruled in favor of the Spouses Po, but the Court of Appeals partially affirmed the decision. The Spouses Aboitiz then claimed the Regional Trial Court did not have jurisdiction over the case. However, the court ruled that under BP 129, Regional Trial Courts have exclusive original jurisdiction over cases involving title or possession of real property. Therefore, the Regional Trial Court properly had jurisdiction in this land dispute case.

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    4 - Aboitiz V Po

    Uploaded by

    Phoebe Balubar
    62 views2 pages
    The document summarizes a land dispute case between the Spouses Po and Spouses Aboitiz over ownership of a parcel of land in Mandaue City. The Regional Trial Court originally ruled in favor of the Spouses Po, but the Court of Appeals partially affirmed the decision. The Spouses Aboitiz then claimed the Regional Trial Court did not have jurisdiction over the case. However, the court ruled that under BP 129, Regional Trial Courts have exclusive original jurisdiction over cases involving title or possession of real property. Therefore, the Regional Trial Court properly had jurisdiction in this land dispute case.

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    Case digest in Civil Procedure

    Original Title

    4 - Aboitiz v Po

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    The document summarizes a land dispute case between the Spouses Po and Spouses Aboitiz over ownership of a parcel of land in Mandaue City. The Regional Trial Court originally ruled in favor of the Spouses Po, but the Court of Appeals partially affirmed the decision. The Spouses Aboitiz then claimed the Regional Trial Court did not have jurisdiction over the case. However, the court ruled that under BP 129, Regional Trial Courts have exclusive original jurisdiction over cases involving title or possession of real property. Therefore, the Regional Trial Court properly had jurisdiction in this land dispute case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views2 pages

    4 - Aboitiz V Po

    Uploaded by

    Phoebe Balubar
    The document summarizes a land dispute case between the Spouses Po and Spouses Aboitiz over ownership of a parcel of land in Mandaue City. The Regional Trial Court originally ruled in favor of the Spouses Po, but the Court of Appeals partially affirmed the decision. The Spouses Aboitiz then claimed the Regional Trial Court did not have jurisdiction over the case. However, the court ruled that under BP 129, Regional Trial Courts have exclusive original jurisdiction over cases involving title or possession of real property. Therefore, the Regional Trial Court properly had jurisdiction in this land dispute case.

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    © All Rights Reserved
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    of 2

    JURISDICTION

    REAL ACTION/PERSONAL ACTION/INCAPABLE OF PECUNIARY ESTIMATION


    (4) ABOITIZ V. PO
    GR NO. 208450 JUNE 5,2017

    DOCTRINE: Jurisdiction of the Regional Trial Court as per BP 129

    FACTS: The case is about a dispute over a parcel of land located in Mandaue City. It
    was initially registered under the name of Roberto Aboitiz.

    Prior to this, the parcel of land was originally owned by a certain Mariano Seno. In 1973,
    he executed a Deed of Absolute Deed of Sale in favor of his son, Ciriaco. One of these
    lots is lot no. 2835. Five years after, Ciriaco sold two lots to Victoria Po.

    In 1990, Peter Po then discovered that Ciriaco executed a quitclaim indicating that he is
    renouncing his interest over the land in dispute in favor of Aboitiz and declared that the
    lots previously purchased by his wife were still owned by Ciriaco.

    In response, Ciriaco and Spouses Po executed a Memorandum of Agreement to which


    Ciriaco would pay the spouses the difference of the amount that was paid and the value
    of the land that they were left with. The lot in dispute was also then sold to Roberto to
    which he commenced work on building a subdivision.

    In 1991, the Spouses Po then declared lot no. 2835 for taxation purposes. Meanwhile the
    year after, Roberto declared the same lot for taxation purposes with an annotation,
    indicating that the same lot was also declared for by Spouses Po.

    In 1993, Roberto then filed an application for original registration with the Mandaue
    RTC to which the application was approved and an Original Certificate was issued.

    Three years after, the Spouses Po filed a complaint to recover land and declare nullity of
    title with damages. In this case, the court ruled in favor of the spouses.
    Meanwhile, the spouses Aboitiz, appealed to the Court of Appeals. The court partially
    affirmed the decision of the trial court and declared that the spouses Po as rightful
    owners of the land. However, it ruled that the titles issued to the respondents were to
    be respected.

    In response the Spouses Aboitiz filed their petition for review and alleged that the
    Regional Trial Court of Mandaue City who granted the complaint of the Spouses Po
    had no jurisdiction over the matter. They claimed that it was the Court of Appeals that
    has jurisdiction over the matter.

    ISSUE: Whether or not the Trial Court has jurisdiction over the matter

    RULING: The court contends that except for actions falling within the jurisdiction of
    the Municipal Trial Courts, the Regional Trial Courts have exclusive original
    jurisdiction over actions involving “title to, or possession of, real property. This is
    indicated in the BP 129 which directs the matters to which the Regional Trial Courts
    hold exclusive original jurisdiction.

    In the case at bar, the court concluded that the action is for reconveyance and
    annulment of title and not for annulment of judgment of the Regional Trial Court in
    which the Court of Appeals holds jurisdiction to. Since the matter involves the Spouses
    Aboitiz fraudulent registration of the land, the action for reconveyance and annulment
    of title and not for annulment of judgment.

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