Cadimas vs Carrion
G.R. No. 180394
Facts:
Complaint for accion reivindicatoria and damages filed by petitioner Marjorie B. Cadimas, against respondents Marites Carrion and Gemma Hugo. Petitioner averred that she and respondent Carrion were parties to a Contract To Sell dated August 2003, wherein petitioner sold to respondent Carrion a town house located at Aster Street, West Fairview Park Subdivision, Quezon City for the sum of P330,000.00 to be paid in installments. According to petitioner, Carrion had violated paragraph 8 of said contract when she transferred ownership of the property to respondent Hugo under the guise of a special power of attorney, which authorized the latter to manage and administer the property for and in behalf of respondent Carrion. Allegedly, petitioner asked respondent Carrion in writing to explain the alleged violation but the latter ignored petitioner’s letter, prompting petitioner to demand in writing that Carrion and Hugo vacate the property and to cancel the contract.
Respondent Hugo filed a Motion to Dismiss on the ground that RTC has no jurisdiction over the case. Respondent Hugo argued that the Housing and Land Use Regulatory Board (HLURB) has jurisdiction over the complaint because ultimately, the sole issue to be resolved was whether petitioner, as the owner and developer of the subdivision on which the subject property stood, was guilty of committing unsound real estate business practices.
RTC denied the motion to dismiss. CA held that RTC has no jurisdiction in the case.
Issue:
Whether RTC has jurisdiction in the instant case?
Held:
The nature of an action and the jurisdiction of a tribunal are determined by the material allegations of the complaint and the law at the time the action was commenced. Jurisdiction of the tribunal over the subject matter or nature of an action is conferred only by law and not by the consent or waiver upon a court which, otherwise, would have no jurisdiction over the subject matter or nature of an action.
No comments:
Post a Comment