FIRST DIVISION
[G.R. No. 242298. January 14, 2019.]
HEIRS OF CECELIO 1 OLALO AND JUANA OLALO, REPRESENTED BY REYMEL OLALO AND MARSHAL OLALO, petitioners,vs. SHIELA BACUAG DOMANTAY, PETER PHILIP DOMANTAY, DARWIN BACUAG AND THE REGISTRAR OF DEEDS OF THE PROVINCE OF COTABATO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 14, 2019 which reads as follows:
"G.R. No. 242298 — Heirs of Cecelio Olalo and Juana Olalo, represented by Reymel Olalo and Marshal Olalo, Petitioners, v. Shiela Bacuag Domantay, Peter Philip Domantay, Darwin Bacuag and the Registrar of Deeds of the Province of Cotabato, Respondents.
Considering the allegations, arguments, and issues raised in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for: (i) having a defective verification; 2 and, (ii) failure to show that the Regional Trial Court of Kidapawan City, Branch 23, committed any reversible error in dismissing petitioners' complaint, without prejudice, for lack of jurisdiction.
It bears stressing that an action for cancellation of certificates of title over real properties, as the one filed by petitioners, is one that involves "title to, or possession of, real property, or any interest therein." To determine the proper court which has jurisdiction over the same, Section 19 (2) of Batas Pambansa Bilang 129, 3 as amended by Republic Act No. 7691, 4 provides that first level courts have exclusive original jurisdiction over those cases involving title to, or possession of, real property, or any interest in real property where the assessed value thereof does not exceed P20,000.00 (P50,000.00, in Metro Manila), and if the same exceeds the aforesaid value, the second level courts (Regional Trial Courts) have jurisdiction. 5 In this case, the respective assessed value of the subject two parcels of land located in Kidapawan City was below P20,000.00 each. Evidently, the RTC lacked jurisdiction over the case, and consequently, properly dismissed the same.
ACCORDINGLY, the Court resolves to AFFIRM the August 16, 2018 and October 3, 2018 Resolutions of the Regional Trial Court of Kidapawan City, Branch 23, in Civil Case No. 2009-12.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Cecilio in some parts of the records.
2. See Section 4, Rule 7 of the Rules of Court.
3. The Judiciary Reorganization Act of 1980, August 14, 1981.
4. Expanding the Jurisdiction of the MeTCs, MTCs and MCTCs, March 25, 1994.
5.Heirs of Concha, Sr. v. Spouses Lumocso, 564 Phil. 580, 594-597 (2007).