EXPROPRIATION JURISDICTION

Ruby Shelter Builders v. BPI v. Hontanosas Barrido v. Nonato Bardillon v. Barangay Barangay San Roque v. NTC v. Bermuda Development Corp
Formaran G.R. No. 157163, 25 June G.R. No. 176492, 20 Masili Heirs of Pastor G.R. No. 214782, 3 April 2019
G.R. No. 175914, 10 2014 October 2014 G.R. No. 146886, 30 April G.R. No. 138896, 20 June
February 2009 2003 2000

Real Action Real Action Incapable of Pecuniary Est. Incapable of Pecuniary Est. Real Action

Under Rule 141 of the According to Section 1, Rule
Rules of Court, as 4 of the Rules of Court, a real
amended by A.M. No. 04- action is one that affects title
2-04-SC 30 and Supreme to or possession of real
Court Amended property, or an interest
Administrative Circular therein. Such action is to be
No. 35-2004: commenced and tried in the
proper court having
If the action involves jurisdiction over the area
both a money claim and wherein the real property
relief pertaining to involved, or a portion
property, then THE fees thereof, is situated, which
will be charged on both explains why the action is
the amounts claimed and also referred to as a local
value of property based action. In contrast, the Rules
on the formula of Court
prescribed in this declares all other actions as
paragraph personal actions.
(b) For filing: Sec. 1 of PD 1818 distinctly
1. Actions where the provides that "[n]o court in
value of the subject the Philippines shall have
matter cannot be jurisdiction to issue any
estimated restraining order, preliminary
2. Special civil actions, injunction, or preliminary
except judicial mandatory injunction in any
foreclosure of mortgage, case, dispute, or controversy
Contrary to Barrido's An expropriation suit does The subject of an It is well-settled that a case filed by a
contention, the MTCC not involve the recovery of expropriation suit is the landowner for recovery of possession or
has jurisdiction to take a sum of money. Rather, it government's exercise of ejectment against a public utility
cognizance of real deals with the exercise by eminent domain, a matter corporation, endowed with the power of
actions or those the government of its that is incapable of eminent domain, which has occupied the
affecting title to real authority and right to take pecuniary estimation. land belonging to the former in the
property, or for the property for public use. As Accordingly, it falls within interest of public service without prior
recovery of possession, such, it is incapable of the jurisdiction of the acquisition of title thereto by negotiated
or for the partition or pecuniary estimation and regional trial courts, purchase or expropriation proceedings,
condemnation of, or should be filed with the regardless of the value of will not prosper.
foreclosure of a regional trial courts. the subject property.
mortgage on real Any action to compel the public utility
property. corporation to vacate such property is
unavailing since the landowner is denied
the remedies of ejectment and injunction
for reasons of public policy and public
necessity as well as equitable estoppel.
The proper recourse is for the ejectment
court: (1) to dismiss the case without
prejudice to the landowner filing the
proper action for recovery of just
compensation and consequential
damages; or (2) to dismiss the case and
direct the public utility corporation to
institute the proper expropriation or
condemnation proceedings and to pay the
 EXPROPRIATION JURISDICTION
involving an infrastructure just compensation and consequential
EXPROPRIATION project . . . of the damages assessed therein; or (3) to
PROCEEDINGS, government, . . . to prohibit continue with the case as if it were an
PARTITION AND any person or persons, entity expropriation case and determine the just
QUIETING OF TITLE which or government official from compensation and consequential
will * proceeding with, or damages pursuant to Rule 67
3. All other actions not continuing the execution or (Expropriation) of the Rules of Court, if
involving property implementation of any such the ejectment court [MTC] has jurisdiction
project . . . or pursuing any over the value of the subject land.
lawful activity necessary for
such execution,
implementation or
operation."