Posted by: Rianne Fernandez
FACTS:
Respondents in the present Petition are the Herbieto brothers, Jeremias and David, who filed with the MTC, a single application for registration of two parcels of land located in Cabangahan, Consolacion, Cebu (Subject Lots). They claimed to be owners by virtue of its purchase from their parents. Republic filed an opposition but MTC granted the respondents' application for registration and the Court of Appeals affirmed the same thereafter. Hence, Republic appealed to the Supreme Court contending that MTC had no jurisdiction since there was a procedural defect in filing of a single application for the two parcels of land.
ISSUE:
Whether or not there is a procedural defect which resulted to MTC's lack of jurisdiction.
HELD:
Court finds that the MTC had no jurisdiction to proceed with and hear the application for registration filed by the respondents but for reasons different from those presented by petitioner Republic.
A. The misjoinder of causes of action and parties does not affect the jurisdiction of the MTC to hear and proceed with respondents application for registration.
Considering every application for land registration filed in strict accordance with the Property Registration Decree as a single cause of action, then the defect in the joint application for registration filed by the respondents with the MTC constitutes a misjoinder of causes of action and parties. Instead of a single or joint application for registration, respondents, more appropriately, should have filed separate applications for registration of the lots. Misjoinder of causes of action and parties do not involve a question of jurisdiction of the court to hear and proceed with the case. They are not even accepted grounds for dismissal thereof. Instead, under the Rules of Court, the misjoinder of causes of action and parties involve an implied admission of the court's jurisdiction. It acknowledges the power of the court, acting upon the motion of a party to the case or on its own initiative, to order the severance of the misjoined cause of action, to be proceeded with separately (in case of misjoinder of causes of action); and/or the dropping of a party and the severance of any claim against said misjoined party, also to be proceeded with separately (in case of misjoinder of parties).
The misjoinder of causes of action and parties in the present Petition may have been corrected by the MTC motu propio or on motion of the petitioner Republic. It is regrettable, however, that the MTC failed to detect the misjoinder when the application for registration was still pending before it; and more regrettable that the petitioner Republic did not call the attention of the MTC to the fact by filing a motion for severance of the causes of action and parties, raising the issue of misjoinder only before this Court.
Respondents in the present Petition are the Herbieto brothers, Jeremias and David, who filed with the MTC, a single application for registration of two parcels of land located in Cabangahan, Consolacion, Cebu (Subject Lots). They claimed to be owners by virtue of its purchase from their parents. Republic filed an opposition but MTC granted the respondents' application for registration and the Court of Appeals affirmed the same thereafter. Hence, Republic appealed to the Supreme Court contending that MTC had no jurisdiction since there was a procedural defect in filing of a single application for the two parcels of land.
ISSUE:
Whether or not there is a procedural defect which resulted to MTC's lack of jurisdiction.
HELD:
Court finds that the MTC had no jurisdiction to proceed with and hear the application for registration filed by the respondents but for reasons different from those presented by petitioner Republic.
A. The misjoinder of causes of action and parties does not affect the jurisdiction of the MTC to hear and proceed with respondents application for registration.
Considering every application for land registration filed in strict accordance with the Property Registration Decree as a single cause of action, then the defect in the joint application for registration filed by the respondents with the MTC constitutes a misjoinder of causes of action and parties. Instead of a single or joint application for registration, respondents, more appropriately, should have filed separate applications for registration of the lots. Misjoinder of causes of action and parties do not involve a question of jurisdiction of the court to hear and proceed with the case. They are not even accepted grounds for dismissal thereof. Instead, under the Rules of Court, the misjoinder of causes of action and parties involve an implied admission of the court's jurisdiction. It acknowledges the power of the court, acting upon the motion of a party to the case or on its own initiative, to order the severance of the misjoined cause of action, to be proceeded with separately (in case of misjoinder of causes of action); and/or the dropping of a party and the severance of any claim against said misjoined party, also to be proceeded with separately (in case of misjoinder of parties).
The misjoinder of causes of action and parties in the present Petition may have been corrected by the MTC motu propio or on motion of the petitioner Republic. It is regrettable, however, that the MTC failed to detect the misjoinder when the application for registration was still pending before it; and more regrettable that the petitioner Republic did not call the attention of the MTC to the fact by filing a motion for severance of the causes of action and parties, raising the issue of misjoinder only before this Court.
