DIGEST/GARCIA, SUZEYNE KIM/SPOUSES CLEMENCIO C. SABITSANA, JR. and MA. ROSARIO M. SABITSANA v. JUANITO F. MUERTEGUI

 

SPOUSES CLEMENCIO C. SABITSANA, JR. and MA. ROSARIO M. SABITSANA v.  JUANITO F. MUERTEGUI

G.R. No. 181359              

August 5, 2013

 

FACTS:

The dispute concerns a 7,500-square meter parcel of land located in Dalutan Island, Talahid, Almeira, Biliran, Leyte del Norte. The facts state that the land was sold to Juanito Muertegui, through an unnotarized Deed of Sale, and Sabitsana, through a notarized deed of absolute sale. When Domingo Sr., father of Juanito Muertegui, passed away, his heirs applied for registration and coverage of the lot. Atty. Sabitsana opposed the application, claiming he was the true owner of the lot. Juanito filed for quieting of title and preliminary injunction. Respondent contends that the suit for quieting of title is one whose subject matter is incapable of pecuniary estimation and, thus, falls within the jurisdiction of the RTC.

 

ISSUE:

WON the quieting of title was proper.

 

RULING:

The Regional Trial Court has jurisdiction over the suit for quieting of title.

 

On the question of jurisdiction, it is clear under the Rules that an action for quieting of title may be instituted in the RTCs, regardless of the assessed value of the real property in dispute. Under Rule 63 of the Rules of Court, an action to quiet title to real property or remove clouds therefrom may be brought in the appropriate RTC.

 

It must be remembered that the suit for quieting of title was prompted by petitioners’ August 24, 1998 letter-opposition to respondent’s application for registration. Thus, in order to prevent a cloud from being cast upon his application for a title, respondent filed Civil Case No. B-1097 to obtain a declaration of his rights. In this sense, the action is one for declaratory relief, which properly falls within the jurisdiction of the RTC pursuant to Rule 63 of the Rules.