Title
Russell vs. Vestil
Case
G.R. No. 119347
Decision Date
Mar 17, 1999
Heirs dispute land partition via fraudulent deed; Supreme Court rules RTC has jurisdiction as annulment is primary, partition incidental.

Case Digest (G.R. No. 85339)
Expanded Legal Reasoning Model

Facts:

  • Parties and Subject Property
    • Petitioners: Eulalia Russell, Ruperto Tautho, Francisco Tautho, Susana T. Reales, Apitacio Tautho, Danilo Tautho, Juditha Pros, Gregorio Tautho, Deodita T. Judilla, Agripino Tautho, Felix Tautho, William Tautho, and Marilyn Perales.
    • Respondents: Hon. Augustine A. Vestil (RTC Judge), Adriano Tagalog, Marcelo Tautho, Juanita Mendoza, Domingo Bantilan, Raul Bataluna, and Artemio Cabatingan.
    • Property: Lot 6149 in Cotcot, Liloan, Cebu, containing 56,977.40 sqm, formerly owned by spouses Casimero and Cesaria Tautho, now undivided among their heirs.
  • Origin of Dispute
    • June 6, 1990: Respondents executed a “Declaration of Heirs and Deed of Confirmation of a Previous Oral Agreement of Partition,” dividing the land among themselves and excluding petitioners.
    • Petitioners discovered the document and filed on September 28, 1994 a complaint for nullity of that deed and for partition among all heirs.
  • Procedural History
    • November 24, 1994: Respondents moved to dismiss for lack of jurisdiction—asserting assessed value of P5,000 falls under MCTC jurisdiction (Sec. 33[3], B.P. 129).
    • January 12, 1995: RTC Branch 56 granted the motion and dismissed the complaint.
    • January 30, 1995: Petitioners filed a motion for reconsideration, arguing the action is for annulment of a document (incapable of pecuniary estimation) and thus within RTC jurisdiction (Sec. 19[1], B.P. 129).
    • February 13, 1995: RTC denied the motion for reconsideration.
    • Petitioners filed a Petition for Certiorari with the Supreme Court to set aside both orders.

Issues:

  • Does the Regional Trial Court have jurisdiction over Civil Case No. MAN-2275?
    • Petitioners’ position: The action is primarily for annulment of a document (incapable of pecuniary estimation) and thus under RTC’s exclusive original jurisdiction (Sec. 19[1], B.P. 129).
    • Respondents’ position: The action is one for re-partition of property valued at P5,000, falling under MCTC jurisdiction (Sec. 33[3], B.P. 129, as amended).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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