Case Digest (G.R. No. 256924)
Facts:
Spouses Fortunato G. Veloso and Adeline C. Veloso v. Banco De Oro Unibank, Inc., G.R. No. 256924, June 14, 2023, Supreme Court Third Division, Inting, J., writing for the Court.Petitioners Spouses Veloso (petitioners) obtained a P5,184,900.00 real estate loan from respondent Banco De Oro Unibank, Inc. (BDO) and executed on June 25, 2010 a Mortgage Loan Agreement constituting a real estate mortgage over four condominium titles in Quezon City. After they allegedly defaulted, BDO filed an extrajudicial foreclosure petition before the Clerk of Court (COC) of the RTC of Quezon City (FRE No. 9302) on October 10, 2012. A public auction was held on November 27, 2012, at which BDO was the highest bidder; the COC issued a certificate of sale that the Registry of Deeds annotated on the condominium certificates of title on December 27, 2012. BDO sent petitioners a Notice to Redeem on May 30, 2013.
While the foreclosure proceedings were ongoing, petitioners filed on November 23, 2012 a separate complaint in Branch 147, RTC Makati (Civil Case No. 12‑1148) challenging the promissory notes and related documents as unconscionable. On June 19, 2013 petitioners filed the complaint at issue in Branch 97, RTC Quezon City (Civil Case No. 13‑01126) seeking: declaration of nullity of the real estate mortgage; annulment of the extrajudicial foreclosure, certificate of sale and its registration/annotation; permanent injunction; and related reliefs including damages and an application for a temporary restraining order and preliminary injunction.
BDO moved to dismiss the Quezon City complaint on June 5, 2018 on the ground that the RTC lacked subject‑matter jurisdiction because the pleading involved title to or an interest in real property but failed to allege the assessed value of the properties. Petitioners opposed, arguing the action was essentially a personal action for annulment of a contract (beyond pecuniary estimation) and that the assessed value could be inferred from annexes to the complaint. In a Resolution dated March 18, 2019, Branch 97, RTC Quezon City dismissed the complaint for lack of jurisdiction; its July 29, 2019 order denied reconsideration. Petitioners sought relief from the Court of Appeals via a Rule 41 p...(Pro-only)
Issues:
- Did the Regional Trial Court acquire jurisdiction over Civil Case No. 13‑01126? ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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