HomeWHAT COURT HAS JURISDICTION OVER AN ACTION FOR PARTITION? is it incapable of pecunary estimation or can determined on the basis value of the property? should it be file before mtc or rtc?
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WHAT COURT HAS JURISDICTION OVER AN ACTION FOR PARTITION?
5 posters
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1 WHAT COURT HAS JURISDICTION OVER AN ACTION FOR PARTITION? Wed Jul 11, 2012 5:18 pm
loey0016001
Arresto Menor
2 Re: WHAT COURT HAS JURISDICTION OVER AN ACTION FOR PARTITION? Sat Jan 05, 2013 7:52 pm
adel.villafuerte
Arresto Mayor
RTC case, for the reason that partition being the subject of the petition is incapable of pecuniary estimation.
3 Re: WHAT COURT HAS JURISDICTION OVER AN ACTION FOR PARTITION? Sun Jan 06, 2013 1:13 am
yongski4217
Arresto Menor
korek si adel
4 Re: WHAT COURT HAS JURISDICTION OVER AN ACTION FOR PARTITION? Tue Jan 08, 2013 9:49 pm
tsi ming choi
Reclusion Perpetua
It is the nature of the action which determines the jurisdiction, not the object thereto.
Here, the nature of the action is a Petition for partion, thus it must be lodged before RTC, being incapable of pecuniary estimation, as different from the object of such partition, which is the real property.
Here, the nature of the action is a Petition for partion, thus it must be lodged before RTC, being incapable of pecuniary estimation, as different from the object of such partition, which is the real property.
5 Re: WHAT COURT HAS JURISDICTION OVER AN ACTION FOR PARTITION? Fri Feb 08, 2013 7:32 pm
rowenaDRH
Arresto Menor
Depends. Although partition is an action which is incapable of pecuniary estimation, RA 7691 expanded the jurisdiction of MTCs in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed P20,000.00 or, in civil actions in Metro Manila, where such assessed value does not exceed P50,000.00 exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs. Otherwise, the action is cognizable by RTC.
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