2017 REMEDIAL LAW BAR EXAM

I.

What trial court outside Metro Manila has exclusive original jurisdiction over
the following cases? Explain briefly your answers.

(a) An action filed on November 13, 2017 to recover the possession of an

apartment unit being occupied by the defendant by mere tolerance of the plaintiff,
after the former ignored the last demand to vacate that was duly served upon and
received by him on July 6,2016.

(b) A complaint in which the principal relief sought is the enforcement of a

seller's contractual right to repurchase a lot with an assessed value of P15,000.00.

Answer:
(a) MTC will have the exclusive jurisdiction provided that the assessed value of
the real property does not exceed P 20, 000. However, if the assessed value
exceeds P 20, 000, RTC will have jurisdiction. This cannot be a case of
unlawful detainer since the action was filed one year beyond the last
demand to vacate.

(b) RTC will have exclusive jurisdiction because the ultimate relief sought is the
enforcement of the right of redemption which is incapable of pecuniary
estimation as provided in Heirs of Bautista vs Lindo. Thus, RTC has the
exclusive jurisdiction.

II.
 Santa filed against Era in the RTC of Quezon City an action for specific
performance praying for the delivery of a parcel of land subject of their contract of
sale. Unknown to the parties, the case was inadvertently raffled to an RTC designated
as a special commercial court. Later, the RTC rendered judgment adverse to Era, who,
upon realizing that the trial court was not a regular RTC, approaches you and wants
you to file a petition to have the judgment annulled for lack of jurisdiction.

What advice would you give to Era? Explain your answer. (4%)

Answer

I would advice Era that the petition for annulment of judgment on the ground
of lack of jurisdiction will not prosper. As provided in Concorde Condominium Inc
vs Baculio, special commercial courts are still considered courts of general jurisdiction
which have the power to hear and decide cases of all nature, whether civil, criminal or
special proceedings. The matter whether the RTC resolves an issue in the exercise of
its general jurisdiction or its limited jurisdiction as a special court is only a matter of
procedure and has nothing to do with the question of jurisdiction. Thus, RTC acting
as a special commercial court had jurisdiction to try and decide the action for specific
performance and to render a judgment therein.