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WHAT COURT HAS JURISDICTION OVER AN ACTION FOR PARTITION?

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loey0016001


Arresto Menor
WHAT 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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adel.villafuerte


Arresto Mayor
RTC case, for the reason that partition being the subject of the petition is incapable of pecuniary estimation.

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yongski4217


Arresto Menor
korek si adel

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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.

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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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