Posted by Mark Joseph Morales July 22, 2018
An expropriation suit is incapable of pecuniary estimation. It falls within the jurisdiction of the RTC regardless of the value of the subject property.
If the action is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation and therefore jurisdiction would depend on the amount of the claim.
But, if the basc issue is something other than the righ to recover a sum of money, or where the money claim is purely incidental to, or a consequence of, the principal sought, such actions are actions that is incapable of pecuniary estimation, jurisdiction of which shall fall in the RTC.
FACTS:
The Municipality of Talisay Cebu filed a complaint for expropriation in the MTC
MTC dismissed the case on the ground the exercise of eminent domain, the principal cause of action is the exercise of such power or right.
The fact that the action also involves real property is merely incidental and therefore it falls within the exclusive original jurisdiction of the RTC.
RTC, on the other hand, dimissed the same on the ground that an action for eminent domain affects title to real property, hence, jurisdiction is determined by the value of the subject property.
ISSUE: WON expropriation suit is incapable of pecuniary estimation.
HELD:
The primary consideration in an expropriation suit is whether the government or any of its instrumentalities has complied with the requisites for the taking of private property.
Verily, the subect of an expropriation suit is the government's exercise of eminent domain, a matter that is incapable of pecuniary estimation.
True, that the value of property to be expropriated is estimated in monetary terms, but this is merely incidental to the expropriation suit.
Expropriation suit is not a question of who has a better title or right. The government does not even claim that it has a title to the property. It is well within the jurisdiction of the Regional Trial Court.
DOCTRINE:
An expropriation suit is incapable of pecuniary estimation. It falls within the jurisdiction of the RTC regardless of the value of the subject property.
If the action is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation and therefore jurisdiction would depend on the amount of the claim.
But, if the basc issue is something other than the righ to recover a sum of money, or where the money claim is purely incidental to, or a consequence of, the principal sought, such actions are actions that is incapable of pecuniary estimation, jurisdiction of which shall fall in the RTC.
FACTS:
The Municipality of Talisay Cebu filed a complaint for expropriation in the MTC
MTC dismissed the case on the ground the exercise of eminent domain, the principal cause of action is the exercise of such power or right.
The fact that the action also involves real property is merely incidental and therefore it falls within the exclusive original jurisdiction of the RTC.
RTC, on the other hand, dimissed the same on the ground that an action for eminent domain affects title to real property, hence, jurisdiction is determined by the value of the subject property.
ISSUE: WON expropriation suit is incapable of pecuniary estimation.
HELD:
The primary consideration in an expropriation suit is whether the government or any of its instrumentalities has complied with the requisites for the taking of private property.
Verily, the subect of an expropriation suit is the government's exercise of eminent domain, a matter that is incapable of pecuniary estimation.
True, that the value of property to be expropriated is estimated in monetary terms, but this is merely incidental to the expropriation suit.
Expropriation suit is not a question of who has a better title or right. The government does not even claim that it has a title to the property. It is well within the jurisdiction of the Regional Trial Court.
