G.R. No. 161872 - Pamatong vs. Commission on Elections

On June 25, 2010, petitioners Spouses Veloso executed a Mortgage Loan Agreement securing a ₱5,184,900 real estate loan with BDO and constituted a real estate mortgage over four condominium units in Residencia de Regina, Quezon City (CCT Nos. N-57600, N-57476, N-57475, N-57490).
After petitioners defaulted, BDO filed an extrajudicial foreclosure petition (FRE No. 9302) with the RTC of Quezon City on October 10, 2012; a public auction was held on November 27, 2012, where BDO was the highest bidder; the clerk issued a certificate of sale, annotated on the CCTs on December 27, 2012.

On November 23, 2012, petitioners filed a Complaint for Accounting, Judicial Determination, Set-off, and Damages (Civil Case No. 12-1148) with Makati RTC, alleging unconscionable and illegal stipulations in the promissory notes and related documents.
On May 30, 2013, BDO served petitioners a Notice to Redeem, advising them of their right to redeem the mortgaged properties and the date of registration of the certificate of sale.

On June 19, 2013, petitioners filed a Complaint for Declaration of Nullity of Mortgage, Extrajudicial Foreclosure, Certificate of Sale, Registration of Certificate of Sale, and All Related Entries (Civil Case No. 13-01126) before RTC Quezon City, seeking annulment of the mortgage contract, foreclosure sale, certificate of sale annotation, permanent injunction, damages, litigation expenses, and attorney’s fees.
On June 5, 2018, BDO moved to dismiss for lack of jurisdiction, contending the action was a real action requiring the assessed value of the property to be alleged. Petitioners opposed, arguing the case was a personal action.
On March 18, 2019, RTC Quezon City dismissed the complaint for lack of jurisdiction due to failure to allege the assessed value; its Order of July 29, 2019 denied petitioners’ motion for reconsideration.
On November 16, 2020, the Court of Appeals affirmed the RTC decision in CA-G.R. CV No. 113846; its June 16, 2021 Resolution denied petitioners’ motion for reconsideration. Petitioners then filed a petition for certiorari under Rule 45 before the Supreme Court.

Whether the RTC acquired jurisdiction over petitioners’ complaint for nullity of mortgage, extrajudicial foreclosure, certificate of sale, registration, and related entries.
Whether the action is a real action affecting title to or interest in real property—thus requiring the assessed value of the mortgaged properties to be alleged—or a personal action.