53.

JURISDICTION TO ADJUDICATE QUESTIONS FOR TITLE TO REAL

ESTATE

Barrameda v. Moir
G.R. No. 7927. August 8, 1913
Trent, J:

Doctrine:

Jurisdiction of The Supreme Court and Courts of First Instance, as

fixed by section 9 of the Philippine Bill, may be added to but not diminished
by the Philippine Legislature (Weigall vs. Shuster 11 Phil. Rep., 340).

Facts:

Petitioner in this case is defendant in a suit brought before a justice of the

peace to try title to parcel of land. The decision of the justice of the peace is
not favorable causing the appeal to the Court of First Instance. The Court of
First Instance dismissed the appeal and demurred with basis on Acts No.
2041 and 2131 which provides that “ Justice of the peace shall have
exclusive jurisdiction to adjudicate questions for title to real estate or any
interest therein when the value of the property in litigation does not
exceed two hundred pesos, and where such value exceeds two hundred
pesos but is less than six hundred pesos the justice of the peace shall
have jurisdiction concurrent with the Court of First Instance." Act No.
2131, section 1, substituted “exclusive original jurisdiction” for “exclusive
jurisdiction”.

Issue:

Is Section 3 of Act. No. 2041 and Section 1 of Act No. 2131, as basis of
demurring of the Court of First Instance, unconstitutional?

Ruling:

Yes, Section 3 of Act. No. 2041 and Section 1 of Act No. 2131 is
unconstitutional as it deprives the Court of First Instance of their original
jurisdiction to try cases where the title to realty valued at not more
than P200 was involved.
In the case of Weigall v. Shuster (11 Phil. Rep., 340) it was held that
the jurisdiction of the Supreme Court and Court of First Instance, as
fixed by section 9 of the Philippine Bill, may be added to but not
diminished by the Philippine Legislature. More so,

In this case, the Court of First Instance demurred on exercising its

jurisdiction to decide the case involving the parcel of land and in effect, it
fails to perform its duties vested to it by section 9 of the Philippine Bill.
Section 3 of Act. No. 2041 and Section 1 of Act No. 2131 is repugnant to the
Philippine Bill and diminishes the jurisdiction of the Court of First Instance by
providing exclusive authority to justice of the peace to hear the case.

Hence, Section 3 of Act. No. 2041 and Section 1 of Act No. 2131 providing
exclusive jurisdiction to adjudicate questions for title to real estate or any
interest therein when the value of the property in litigation does not
exceed two hundred pesos is void.