Thursday, April 12, 2012

How to prove value of land for purposes of determining jurisdictional amount in land registration cases. - G. R. No. 162322

G. R. No. 162322

"x x x.



Second
, petitioner contended[38] that since the selling price of the property based on the Deed of Sale annexed to respondent’s application for original registration was160,000,[39] the MTC did not have jurisdiction over the case. Under Section 34 of the Judiciary Reorganization Act, as amended,[40] the MTC’s delegated jurisdiction to try cadastral and land registration cases is limited to lands, the value of which should not exceed 100,000.
         We are not persuaded.
         The delegated jurisdiction of the MTC over cadastral and land registration cases is indeed set forth in the Judiciary Reorganization Act, which provides:
Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. -Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does not exceed One hundred thousand pesos (₱100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decision in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts. (As amended by R.A. No. 7691) (Emphasis supplied.)
         Thus, the MTC has delegated jurisdiction in cadastral and land registration cases in two instances: first, where there is no controversy or opposition; or, second, over contested lots, the value of which does not exceed 100,000.

         The case at bar does not fall under the first instance, because petitioner opposed respondent Corporation’s application for registration on 8 January 1998.[41]
         However, the MTC had jurisdiction under the second instance, because the value of the lot in this case does not exceed 100,000.
         Contrary to petitioner’s contention, the value of the land should not be determined with reference to its selling price. Rather, Section 34 of the Judiciary Reorganization Act provides that the value of the property sought to be registered may be ascertained in three ways: first, by the affidavit of the claimant; second, by agreement of the respective claimants, if there are more than one; or, third, from the corresponding tax declaration of the real property.[42]
         In this case, the value of the property cannot be determined using the first method, because the records are bereft of any affidavit executed by respondent as to the value of the property. Likewise, valuation cannot be done through the second method, because this method finds application only where there are multiple claimants who agree on and make a joint submission as to the value of the property. Here, only respondent Bantigue Point Development Corporation claims the property.         
         The value of the property must therefore be ascertained with reference to the corresponding Tax Declarations submitted by respondent Corporation together with its application for registration. From the records, we find that the assessed value of the property is 4,330, 1,920 and 8,670, or a total assessed value of ₱14,920 for the entire property.[43] Based on these Tax Declarations, it is evident that the total value of the land in question does not exceed 100,000. Clearly, the MTC may exercise its delegated jurisdiction under the Judiciary Reorganization Act, as amended.

x x x."